.  ii'te  aiii  1 


SECOND   SESSION 


PROVISIONAL  CONGRESS 


OF    THE  r 


CONFEDERATE  STATES. 


1861. 


MONTGOMERY,  ALA.: 

BAKKETT,  WIMBISU  k  CO.,    PKIXTERS    AND    BINDERS. 


1861. 


?)0 


/ 


SECOND  SESSION 


OF   THE 


PROVISIOML  CONGRESS 


CONFEDERATE  STATES. 


1861. 


MONTGOMERY,  ALA.: 

SHORTER   k   REID,    PRIXTERS   AND   BINDERS. 


1861. 


ACTS  A1\^D  RESOLUTIONS. 


:N"o.  102.]  AX  ACT 

To  provide  for  the  appointment  of  Chaplains  in  the  Army. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact^  That  there  shall  be  appointed  by  the  Pres. 
ident  such  number  of  chaplains,  to  serve  with  the  armies  of  the 
Confederate  States  during  the  existing  war,  as  he  may  deem 
expedient ;  and  the  President  shall  assign  them  to  such  regi- 
ments, brigades  or  posts  as  he  may  deem  necessary ;  and  the 
appointments  made  as  aforesaid  shall  expire  whenever  the  ex- 
isting war  shall  terminate. 

Sec.  2.  The  monthly  pay  of  said  chaplains  shall  be  eighty- 
five  dollars ;  and  said  pay  shall  be  in  full  of  all  allowances  what- 
ever. 

Approved  May  3,  1861. 


No.  103.]  A  RESOLUTION 

Of  Thanks  to  Brigadier  General  G.  T.  Beauregard  and  the 
Army  under  his  command,  for  their  conduct  in  the  affair  of 


Fort  Sumte 


lie  it  unanimously  resolved  by  the  Congress  of  the  Confed- 
erate States  of  America,  That  the  thanks  of  the  people  of  the 
Confederate  States  are  due,  and  through  this  Congress  are 
hereby  tendered,  to  Brigadier  General  G.  T.  Beauregard  and 
the  officers,  military  and  naval,  under  his  command,  and  to  the 
gallant  troops  of  the  State  of  South  Carolina,  for  the  skill,  for- 
titude and  courage  by  which  they  reduced  and  caused  the  sur- 


4 

render  of  Fort  Sumter,  in  the  harbor  of  Charleston,  on  tlie 
twelfth  and  thirteenth  days  of  April,  1861.  And  the  commen- 
dation of  Congress  is  also  hereby  declared  of  the  generosity 
manifested  by  their  conduct  towards  a  brave  and  vanquished 
foe. 

Be  it  farther  resolved^  That  a  copy  of  this  resolution  be  com- 
municated by  the  President  to  General  Beauregard,  and  through 
him  to  the  array  then  under  his  command. 

Approved  May  4,  1861. 


]^o.  104.]  A  RESOLUTION 

To  extend  the  provisions  of  a  Resolution  approved  March  4', 

1861. 

Re$otved  hy  the  Congress  of  the  Confederate  States  of 
America.  That  the  resolution  passed  by  this  Congress  and 
approved  March  the  fourth,  1861,  in  relation  to  patents  and 
caveats,-  be  extended  to  citizens  of  all  the  slaveholding  states. 

AppKoted  May  4,  1861. 


No.  105.]  AN  ACT^ 

Providing  for  a  Regimeht  of  Zouaves  in  the  Army  of  the  Con- 
federate States.- 

Section  1.  The  Cooigress  of  the  Confederate  States  of 
America  do  enact,  That  there  shall  be  added  to  the  military 
establishment  of  the  Confederate  States  one  regiment  of  Zou' 
aves,  to  be  composed  of  one  colonel,  one  lieutenant-colonel,  on€ 
major,  and  ten  companies ;  and  each  company  shall  consist  of 
one  captain,  one  first  lieutenant,  two  second  lieutenants,  one 
sergeant  major,  one  quartermaster's  sergeant,  four  sergeants  and 
.eight  corporals,  and  ninety  privates.  And  to  the  regiment  there 
-shall  be  attached  one  adjutant  and  a  quartermaster,  to  be  select- 
ed from  the  lieutenants.  And  one  assistant  surgeon  shall  be  ap- 
pointed for  the  regiment,  in  addition  to  those  already  authorized 
by  law  for  the  medical  department.  The  monthly  pay  of  the 
offi<;ers  of  the  regiment  of  Zouaves  shall  be  the  same  as  that  of 
officers  of  infantry  of  the  same  rank;  the  allowances  shall  also  be 
.the  same  as  those  provided  by  law  for  officers  of  infantry;  and 


the  adjutant  and  quartermaster  shall  receive  ten  dollars  per 
month  in  addition  to  their  pay  as  lieutenants.  The  monthly  pay 
of  the  enlisted  men  of  said  regiment  of  Zouaves  shall  be  as 
follows :  sergeants  major  and  quartermaster's  sergeants,  twenty 
dollars ;  sergeants,  seventeen  dollars ;  corporals,  thirteen  dollars ; 
and  privates,  eleven  dollars  each ;  together  with  the  same  ra- 
tions and  allowance  for  clothing  as  are  received  by  all  other 
enlisted  men. 

AprRovED  May  4,  1861. 


No.  108.]  AN  ACT 

To  admit  the  Commonwealth  of  Virginia  as  a  member  of  the 
Confederate  States  of  America. 

The  commonwealth  of  Virginia  having  in  a  convention  of  her 
people  ratified  and  adopted  the  Constitution  of  the  Provisional 
Government  of  the  Confederate  States  of  America,  therefore 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  commonwealth  of  Virginia  be  and  is  hereby  admitted 
as  a  member  of  the  said  Confederate  States,  upon  an  equal  foot- 
ing with  the  other  Confederate  States,  under  the  Constitution 
for  the  Provisional  Government  of  the  same. 

Approved  May  7,  1861. 


No.  109.]  AN  ACT 

To  raise  au  additional  Military  Force   to  serve  during  the 

War. 

Section"  1 .  The  Cofigress  of  the  Confederate  S  ates  of 
America  do  enact^  That  in  addition  to  the  volunteer  force 
authorized  to  be  raised  under  existing  laws,  the  President  be 
and  he  is  hereby  authorized  to  accept  the  services  of  volunteers 
who  may  offer  their  services,  without  regard  to  the  place  of  en- 
listment, either  as  cavalry,  mounted  riflemen,  artillery,  or  in- 
fantry, in  such  proportion  of  these  several  arms  as  he  may  deem 
expedient,  to  serve  for  and  during  the  existiug  Avar,  miless 
sooner  discharged. 

Sec.  2.  That  the  volunteers  so  offering  their  services  may 
he  accepted  hy  tke  President  in  companies,  to  be  organized  by 


him  into  squadrons,  battalions  or  regiments.  Tlie  President 
shall  appoint  all  field  and  staff  officers,  but  the  company  officers 
shall  be  elected  by  the  men  composing  the  com])any  ;  and  if  ac- 
Gepfed,  the  officers  so  elected  shall  be  commissioned  by  the 
President. 

Sec.  3.  That  any  vacancies  occurring  in  the  ranks  of  the 
several  companies  mustered  into  service  under  the  provisions  of 
this  act,  may  be  filled  by  volunteers  accepted  under  the  rules  of 
such  companies ;  and  any  vacancies  occurring  in  the  officers  of 
such  comi)anies  shall  be  filled  by  elections  in  accordance  with 
the  same  rules. 

Sec.  4.  Except  as  herein  differently  provided,  the  volunteer 
forces  hereby  authorized  to  be  raised  shall  in  all  regards  be  sub- 
ject to  and  organized  in  accordance  -with  the  provisions  of  "An 
act  to  provide  for  the  public  defence,"  and  all  other  acts  for  the 
government  of  the  armies  of  the  Confederate  States. 

Appuoved,  May  8,.  18G1. 


Xo.  110.]  AN  ACT 

To  make  further  provision  for  the  Public  Defence. 

Whereas,  "War  exists  between  the  United  States  and  the 
Confederate  States;  and  whereas  the  public  welfai'e  may  require 
the  reception  of  volunteer  forces  into  the  service  of  the  Con- 
federate States,  Avithout  the  formality  and  delay  of  a  call  upon 
the  respective  States : 

Sectiox  1.  The  Conrjress  of  the  Confederate  States  of 
America  do  etiact.  That  the  President  be  authorized  to  receive 
into  service  such  companies,  battalions  or  regiments,  either 
mounted  or  on  foot,  as  may  tenxler  themselves,  and  he  may  re- 
quire, without  the  delay  of  a  formal  call  upon  the  respective 
States,  to  serve  for  such  time  as  he  may  prescribe. 

Sec.  2.  Such  volunteer  forces  who  may  be  accepted  under 
this  act,  except  as  herein  differently  provided,  shall  be  organized 
in  accordance  with  and  subject  to  all  the  provisions  of  the  act 
entitled  "An  act  to  provide  for  the  public  defence,"  and  be  en- 
titled to  all  the  allowances  provided  therein  ;  and  when  mustered 
into  service,  maybe  attached  to  such  divisions,  brigades  or  regi- 
ments as  the  President  may  direct,  or  ordered  upon  such  inde- 
pendent or  detached  service  as  the  President  may  deem  expedi- 


•ent ;  provided,  however,  that  battalions  and  regiments  may  be 
enlisted  from  states  not  of  the  Confederacy,  and  the  President 
may  appoint  all  or  any  of  the  field  officers  thereof. 

Sec.  3.  The  President  shall  be  authorized  to  commissioH  all' 
officers  entitled  to  commissions,  of  such  volunteer  forces  as  i^ay 
be  received  under  the  provisions  of  this  act.  And  upon  the  re- 
quest of  the  officer  commanding  such  volunteer  regiment,  bat 
talion  or  company,  the  President  may  attach  a  supernumerary 
officer  to  each  company,  detailed  from  the  regular  army  for  that 
purpose,  and  for  such  time  as  the  President  may  direct. 

Approved  May  11,  1861. 


No.  111.]  AN  ACT 

To   amend  "An  Act  vesting  certain  powers  in  the  Postmaster 
General,"  approved  March  15,  1861. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact^  That  the  provisions  of  "An  act  vesting  cer- 
tain powers  in  the  Postmaster  General,"  approved  March  15, 
1861,  be  so  amended  as  that  he  be  and  hereby  is  authorized, 
on  and  after  a  day  to  be  named  by  him  in  a  proclamation  to  be 
issued  by  him  for  that  purpose,  to  take  the  entire  charge  and 
direction  of  the  postal  service  of  the  Confederate  States. 

Sec,  2.  And  he  it  further  enacted,  That  the  Postmaster 
General  be  and  he  hereby  is  authorized  and  empowered  to  an- 
nul contracts,  or  to  discontinue  or  curtail  the  service  and  pay  on 
them,  when  he  shall  deem  it  advisable  to  dispense  with  the  ser- 
vice, in  whole  or  in  part,  or  to  place  a  higher  or  different  grade 
of  service  on  the  route,  or  when  the  public  interests  shall  re. 
quire  such  discontinuance  or  curtailment  for  any  other  cause,  he 
allowing  one  month's  extra  pay  on  the  amount  of  service  dis- 
pensed with,  in  full  of  all  damages  to  the  contractor. 

Sec.  3.  And  be  U  further  enacted.  That  the  railroads  in 
the  Confederate  States  be  and  they  are  hereby  divided  into 
three  classes,  on  the  following  basis,  viz :  The  great  through 
lines  connecting  important  points  and  conveying  heavy  mails,  to 
class  number  one ;  completed  railroads  coimccting  less  import- 
ant points,  but  carrying  heavy  mails  for  local  distribution,  to  be 
class  number  two ;  and  roads  on  which  less  important  mails  are 
conveyed,  short  branch  roads,  and  such  mifinished  roads  as  do 


8 

not  carry  great  mails  or  connect  important  points,  shall  be  class 
number  three. 

Sec.  4.  Aiid  be  it  further  enacted,  That  in  contracts  made 
with'  railroad  comjjanies  for  carrying  the  mail  once  a  day,  on 
schedules  to  be  agreed  on,  the  Postmaster  General  may  allow 
them  compensation  not  exceeding  the  following  rates,  viz:  On 
first  class  roads,  one  hundred  and  fifty  dollars  per  mile ;  on 
second  class  roads,  one  hundred  dollars  per  mile ;  and  on  third 
class  roads,  fifty  dollars  per  mile ;  the  amount  of  comjjensation 
to  be  determined  by  the  importance  and  value  of  the  services  to 
be  performed :  Provided,  That  if  one-half  of  the  services  on 
any  railroad  is  required  to  be  performed  in  the  night  time,  it 
shall  be  lawful  for  the  Postmaster  General  to  pay  twenty-five 
per  cent,  in  addition  to  the  above  named  maximum  rates  of  pay: 
Provided,  further.  That  the  agents,  messengers,  and  other 
traveling  employees  of  the  post-office  dej^artment  shall  pass  free 
of  charge  over  such  roads,  respectively ;  and  this  act  shall  take 
effect  and  be  of  force  from  and  after  its  passage. 

Approved  May  9,  1861. 


No.  113.]  AN"  ACT 

Relative  to  Telegraph  Lines  of  the  Confederate  States. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact.  That  during  the  existing  war,  the  President 
be  and  he  is  hereby  authorized  and  empowered  to  take  such 
control  of  such  of  the  lines  of  telegraph  in  the  Confederate 
States,  and  of  such  of  the  oflices  connected  therewith,  as  will 
enable  him  effectually  to  supervise  the  communications  passing 
through  the  same,  to  the  end  that  no  communications  shall  be 
conveyed  of  the  military  operations  of  the  government  to  en- 
danger the  success  of  such  operations,  nor  any  communication 
calculated  to  injure  the  cause  of  the  Confederate  States,  or  to 
give  aid  and  comfort  to  their  enemies. 

Sec.  2.  The  President  shall  appoint  trustworthy  agents  in 
such  offices,  and  at  such  points  on  the  various  lines  as  he  may 
think  fit,  whose  duty  it  shall  be  to  supervise  all  communications 
sent  or  passing  through  said  lines,  and  to  prevent  the  transmis- 
sion of  any  communication  deemed  to  be  detrimental  to  the 
public  service. 


9 

Sec.  3.  In  case  the  OA\Tiers  and  managers  of  said  lines  shall 
refuse  to  permit  such  supervision,  or  shall  fail  or  refuse  to  keep 
up  and  continue  the  business  on  said  lines,  the  President  is 
hereby  empowered  to  take  possession  of  the  same  for  the  pur- 
poses aforesaid. 

Sec.  4.  The  President  shall  from  time  to  time  issue  instruc- 
tions to  the  agents  so  appointed,  and  to  the  operators  of  the 
various  lines,  to  regulate  the  transmission  of  communications 
toucliing  the  operations  of  the  government,  or  calculated  to 
aflfect  the  public  welfare. 

Sec.  5.  That  the  President,  at  his  discretion,  may  employ 
the  operators  of  the  lines  as  the  agents  of  the  government,  so 
that  in  this  as  in  all  other  respects  there  may  be  as  little  inter- 
ference with  the  business  and  management  of  such  lines  as  may 
be  com2)atible  with  the  public  interest. 

Sec.  6.  That  the  compensation  of  the  agents  appointed  un- 
der this  act,  where  such  agents  are  not  officers  of  the  company, 
and  the  expense  attending  the  execution  of  the  provisions  of 
this  act,  shall  be  paid  out  of  the  treasury. 

Sec.  1.    That  no  communications  in  cypher,  nor  enigmatical 
or  other  doubtful  communication,  shall  be  transmitted,  unless 
the  person  sending  the  same  shall  be  known  to  the  agent  of  the 
government  to  be  trustworthy,  nor  until  the  real   purport  of 
such  communication  shall  be  explained  to  such  agent. 

Sec.  8.  That  the  President  is  hereby  authorized,  Avhenever 
it  may  be  found  necessary  or  advisable  for  the  successful  prose- 
cution of  the  war,  to  extend  existing  lines  of  telegraph,  or  make 
connections  between  the  same,  the  expense  of  contracting  such 
additional  lines  to  be  paid  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

Sec.  9.  That  all  present  and  future  officers  of  the  telegraph 
lines  engaged  in  receiving  and  transmitting  intelligence  within 
the  Confederate  States  shall,  as  soon  as  practicable  after  the 
passage  of  this  act  or  after  their  appointment,  take  and  sub- 
scribe before  any  judicial  officer  of  any  one  of  the  Confederate 
States,  the  following  oath  :  "I,  A.  B.,  do  solemnly  SAvear  that  I 
will  support  and  maintain  the  Constitution  of  the  Confedei'ate 
States  of  America,  and  will  not,  knowingly,  directly  or  indirectly^ 
transmit  through  the  telegraph  any  communication  or  informa- 
tion calculated  to  injure  the  cause  of  the  Confederate  States,  or 
to  sive  aid  or  comfort  to  their  enemies." 


10 

Sec.  10.  That  if  any  person  shall  knowingly  send  oi*  trans- 
mit any  message  or  communication  touching  the  military  oj^era- 
tions  of  the  government,  without  the  same  being  first  submitted 
to  the  inspection  of  the  agent  of  the  government,  or  any  mes- 
sage calculated  to  aid  and  promote  the  cause  of  the  enemies  of 
the  Confederate  States,  he  shall  be  subject  to  indictment  in  the 
district  court  of  the  Confederate  States,  and  on  conviction  shall 
be  fined  in  a  sum  not  less  than  five  hundred  dollars,  and  impris- 
oned for  a  term  not  less  than  one  year. 

Appkoved  May  11,  1861. 


No.  114.]  A  RESOLUTION 

In  regard  to   the  military  expenditures   made  by  the  State  of 
South  Carolina. 

Mesolved  by  the  Congress  of  the  Confederate  States  of 
America^  That  the  expenditures  made  by  the  State  of  South 
Carolina  for  the  pay  and  maintenance  of  the  troops  employed 
in  the  defence  of  the  Charleston  harbor,  under  the  command  of 
Brigadier  General  Beauregard,  were  intended  to  be  provided 
for  by  an  act  making  appropriations  for  the  support  of  three 
thousand  men,  for  twelve  months,  to  be  called  into  service  at 
Charleston,  South  Carolina,  under  the  third  and  fourth  sections 
of  au  act  of  the  Congress,  to  raise  provisional  forces  for  the 
Confederate  States  of  America,  and  for  other  purposes ;  and 
that  the  amount  of  such  expenditures  be  audited  by  the  proper 
officer  of  the  Treasury  Department,  and  that  the  amount  which 
shall  be  found  due  be  paid  to  the  State  of  South  Carolina,  from 
the  appropriation  made  by  the  Act  aforesaid. 

Appkoved   May  10,  1861. 


No.  115.]  AN  ACT 

To   amend   "An   Act  to  Provide  for  the  Public  Defence," 
approved  March  6,  1861. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact^  That  the  President  may  receive  into  the  ser- 
vice of  the  Confederate  States  any  company  of  light  artillery* 
which  by  said  act  he  is  authorized  to  do,  with  such  complement 


11 

of  officers  and  men,  and  with  such  equipments  as  to  hiui  shall 
seem  proper;  anything  in   said  act  of  the  6th  of  March,  1861, 
to  the  contrary,  notwithstanding. 
Approved  May  10,  1861. 


No.  118.]  AN  ACT 

To  amend  an  act  entitled  "An  Act  to  fix  the  pay  of  members  of 
the  Congress  of  the  Confederate  States  of  America,"  approved 
March  11,  1861. 

Section  1.  TlkC  Congress  of  the  Confederate  States  of 
America  do  enaet^  That  the  above  entitled  act,  approved 
Marcli  11,  1861,  be  so  amended  and  construed  as  to  provide, 
that  in  computing  the  mileage  to  which  members  are  entitled, 
the  distance  shall  be  estimated  by  the  usual  route  of  travel  from 
the  residence  of  the  member  to  the  place  where  Congress  may 
assemble. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall  take 
effect  and  be  of  force  from  its  passage. 

Approved  May  11,  1861. 


No.  119.]  AN  ACT 

In  relation  to  the  Confederate  Loan. 

Whereas,  Under  and  by  virtue  of  the  act  to  raise  money 
for  the  supi)ort  of  the  government,  and  to  provide  for  the  de- 
fence of  the  Confederate  States  of  America,  approved  February 
28,  1861,  the  Secretary  of  the  Treasury  did  proceed  to  offer  five 
millions  of  said  loan,  conformably  to  the  provisions  of  said  act : 
And  whereas,  in  many  portions  of  the  Confederate  States  the 
currency  Avas  and  is  composed  of  notes  of  banks  which  have 
suspended  specie  payment,  not  of  necessity,  but  as  a  measure  of 
public  policy :  And  whereas,  certain  of  said  banks  did  agree 
to  redeem  in  coin  or  its  equivalent  such  of  their  notes  as 
should  be  paid  in  by  subscribers  to  said  loan :  And  whereas, 
the  Secretary  of  the  Treasury,  in  view  of  the  exigencies  of  the 
times,  and  with  a  desire  to  give  to  the  people  of  all  parts  of  the 
Confederate  States  the  opportunity  of  subscribing  to  said  loan, 
did   autltorize   the   loan   commissioners  to  receive  the  notes  of 


12 

the  banks  hereinbefore  referred  to  ;  and  to  avoid  inconvenience 
and  tlie  risk  of  transit,  has  authorized  the  said  loan  commis- 
sioners to  deposit  the  moneys  received  by  them  in  said  banks ; 
Now,  therefore. 

The,  Congress  of  the  Confederate  States  of  America  do 
enact^  That  all  of  the  acts  and  doings  of  the  Secretary  of  the 
Treasury,  of  his  subordinate  officers,  and  of  the  loan  commis- 
sioners, consistent  \A\}a.  the  facts  recited  in  the  foregoing  pre- 
amble, are  hereby  confirmed  and  made  valid,  any  law,  usage  or 
custom  to  the  contrary,  notwithstanding :  and  the  said  Secre- 
tary, his  subordinate  officers,  and  the  loan  commissioners,  are 
hereby  authorized  to  continue  so  to  act  in  regard  to  the  said 
loan,  until  the  whole  amount  authorized  by  said  act  shall  have 
been  fully  subscribed  for,  and  their  duties  regarding  the  same 
shall  have  determined :  and  the  said  Secretary  is  authorized  to 
make  and  continue  the  deposits  of  moneys  received  or  to  be 
received  on  account  of  the  said  loan  in  any  of  the  said  banks ; 
and  the  Treasurer  of  the  Confederate  States  is  authorized  to 
draw  checks  or  warrants  on  said  banks  on  account  of  said  de- 
posits, payable  either  in  coin  or  its  equivalent,  or  in  current 
bank  notes,  as  the  Secretary  of  the  Treasury  may  direct. 

Approved  May  11,  1861. 


No.  120.]  AN  ACT 

To  amend  an  Act  entitled  "  An  Act  further  to  provide  for  the 
organization  of  the  Post-Office  Department,"  approved  March 
9,  1861. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact.  That  from  and  after  the  passage  of  this  act, 
the  annual  salary  of  the  chief  of  the  contract  bureau,  the  chief 
of  the  appointment  bureau,  and  the  chief  of  the  finance  bureau, 
shall  be  three  thousand  dollars ;  and  that  hereafter,  as  the  office 
of  either  of  them  shall  be  vacated,  the  appointment  of  his  suc- 
cessor shall  be  made  by  the  President  of  the  Confederate  States, 
by  and  with  the  advice  and  consent  of  the  Congress ;  and  the 
clerks,  draftsmen  and  other  employees  of  the  department  shall 
be  appointed  by  the  Postmaster  General. 

Sec.  2.  And  he  it  further  enacted,  That  in  case  of  the  death, 
resignation,  absence  or  removal  from  office  of  the  Postmaster 


IS 

General,  all  liis  powers  and  duties  shall  devolve  on  and  be  per- 
formed by  the  chief  of  the  contract  bureau,  until  a  successor 
shall  be  appointed  and  arrive  at  the  general  post-office  to  per- 
form the  business,  or  until  the  return  of  the  Postmaster  Gene- 
ral :  Provided,  however,  The  said  chief  of  the  contract  bureau 
shall  make  no  permanent  appointment  of  clerks. 

Sec.  3.  And  be  it  further  enacted,  That  there  shall  be  allowed 
to  eacli  of  the  bureaus  of  the  department,  and  also  to  the  inspec- 
tion office,  a  principal  clerk,  at  an  annual  salary  of  fourteen  hun- 
dred dollars  each.  And  the  Postmaster  General  is  hereby 
authorized  to  employ  ten  addition.al  clerks,  at  an  annual  salary 
of  twelve  hundred  dollars  each ;  also  four  clerks,  at  an  annual 
salary  of  one  thousand  dollars  each ;  also  one  watchman,  at  an 
annual  salary  of  five  hundred  dollars. 

Sec.  4.  And  he  it  further  enacted,  That  the  clerk  charged 
with  the  disbursement  of  the  contingent  and  salary  funds  of  the 
department  be  allowed  an  additional  compensation  of  two  hun- 
dred dollars  per  .annum ;  and  that  this  act  take  effect  and  be  in 
force  fron\  and  .after  its  p.assage. 

Approved  May  11,  1861. 


No.  121.]  AN  ACT 

To  amend  "An  Act  to  prescribe  the  Rates  of  Postage  in  the 
Confederate  States  of  America,  and  for  other  purposes,"  ap- 
proved February  23,  1861. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact.  That  so  much  of  the  first  section  of  an  act 
entitled  "  An  act  to  prescribe  the  rates  of  postage  in  the  Con- 
federate St.ates  of  America,  and  for  other  purposes,"  approved 
February  23,  1861,  as  relates  to  sealed  packages  containing 
other  than  printed  or  written  matter,  including  money  pack- 
ages, be  and  the  same  is  hereby  so  .amended  as  to  require  that 
such  packages  shall  be  rated  by  weight,  and  charged  the  rates 
of  letter  postage. 

Sec.  2.  And  he  it  further  enacted,  That  the  second  section 
of  said  act  be  amended  as  follows,  to-wit :  That  all  newspapers 
published  within  the  Confederate  States,  not  exceeding  three 
ounces  in  weight,  and  sent  from  the  office  of  publication  to 
actual  and  hona  fide  subscribers  within  the  Confederate  States, 


14 

shall  be  charged  "vrith  postage  as  follows,  to-wit :  The  postage 
on  the  regular  numbers  of  a  newspaper  published  weekly  shall 
be  ten  cents  per  quarter ;  papers  published  semi-weekly,  double 
that  amount;  papers  published  thrice  a  week,  treble  that 
amount;  papers  published  six  times  a  week,  six  times  that 
amount ;  and  papers  published  daily,  seven  times  that  amount. 
And  on  newspapers  weighing  more  than  three  ounces  there 
shall  be  charged  on  each  additional  ounce,  in  addition  to  the 
foregoing  rates,  on  those  published  once  a  week,  five  cents  per 
ounce  or  fraction  of  an  ounce  per  quarter ;  on  those  published 
twice  a  week,  ten  cents  per  ounce  per  quarter;  on  those  pub- 
lished three  times  a  week,  fifteen  cents  per  ounce  per  quarter ; 
on  those  pubUshed  six  times  a  week,  thirty  cents  per  ounce  per 
quarter;  and  on  those  published  daily,  thirty-five  cents  per 
ounce  per  quarter.  And  periodicals  published  oftener  than  bi- 
monthly shall  be  charged  as  newspapers.  And  other  periodi- 
cals, sent  from  the  office  of  pubhcation  to  actual  and  hooia  fide 
subscribers,  shall  be  charged  with  postage  as  follows,  to-Avit : 
The  postage  on  the  regular  numbers  of  a  periodical  published 
within  the  Confederate  States,  not  exceeding  one  and  a  half 
ounces  in  weight,  and  published  monthly,  shall  be  two  and  a 
hahf  cents  per  quarter,  and  for  every  additional  ounce  or  fraction 
of  an  ounce  two  and  a  half  cents  additional ;  if  published  semi- 
monthly, double  that  amount ;  and  periodicals  published  quar- 
terly or  bi-monthly  shall  be  charged  two  cents  an  ounce ;  and 
regular  subscribers  to  newspapers  and  periodicals  shall  be  re- 
quired to  pay  one  quarter's  postage  thereon,  in  advance,  at  the 
office  of  deliuery,  unless  paid  at  the  office  where  published. 
And  there  shall  be  charged  upon  every  other  newspaper,  and 
each  circular  not  sealed,  hand-bill,  engraving,  pamphlet,  period- 
ical and  magazine,  which  shall  be  unconnected  with  any  manu- 
script or  written  matter,  and  not  exceeding  three  ounces  in 
weight,  and  published  within  the  Confederate  States,  two  cents; 
and  for  each  additional  ounce  or  fraction  of  an  ounce  two  cents 
additional;  and  in  all  cases  the  postage  shall  be  pre-paid  by 
stamps,  or  otherwise,  as  the  Postmaster  General  shall  direct. 
And  books,  bound  or  unbound,  not  weighing  over  four  pounds, 
shall  be  deemed  mailable  matter,  and  shall  be  charged  with 
postage,  to  be  pre-paid  by  stamps  or  otherwise,  as  the  Postmas- 
ter General  shall  direct,  at  two  cents  an  ounce  for  any  distance. 
And  upon  all  newspapers,  periodicals  and  books,  as  aforesaid, 


15 

published  beyond  the  limits  ot  the  Confederate  States,  there 
■  shall  be  charged  postage  at  double  the  foregoing  specified  rates. 
The  publishers  of  newspapers  or  periodicals  within  the  Confed- 
erate States  may  send  and  receive  to  and  from  each  other,  from 
their  respective  offices  of  publication,  one  copy  of  each  publica- 
tion free  of  postage.  All  newspapers,  unsealed  circulars,  or 
other  unsealed  printed  transient  matter,  placed  in  any  post-office 
not  for  transmission  but  for  delivery  only,  shall  be  charged 
postage  at  the  rate  of  one  cent  each. 

Sec.  3.  And  be  it  further  enacted,  Tiiat  the  third  section  of 
the  above  recited  act  be  and  the  same  is  hereby  so  amended  as 
to  authorize  the  Postmaster  General  to  provide  and  furnish  ten 
cent  stamps  and  stamped  envelopes ;  and  that  the  provisions, 
restrictions  and  penalties  prescribed  by  said  section  of  said,  act 
for  violations  of  the  same  in  relation  to  two,  five,  and  twenty 
cent  stamps  and  stamped  envelopes,  shall,  in  all  respects,  apply 
to  the  denomination  of  stamps  and  stamped  envelopes  herein 
provided  for. 

Sec.  4.  And  be  it  further  enacted.  That  the  proviso  con- 
tained in  the  fifth  section  of  the  said  act  be  so  amended  as  to 
extend  to  the  chiefs  of  the  contract,  appointment  and  finance 
bureaus  of  the  Post-Oftice  Department  the  jirivilege  therein 
conferred  upon  the  Postmaster  General,  his  chief  clerk,  and  the 
auditor  of  the  treasury  for  the  Post-Ofl5ce  Department,  of  trans- 
mitting through  the  mails,  free  of  postage,  any  letters,  pack- 
ages, or  other  matters  relating  exclusively  to  their  official  duties 
or  to  the  business  of  the  Post-Oftice  Department,  subject  to  the 
restrictions  and  penalties  prescribed  by  the  said  proviso ;  and 
that  this  act  take  eftect  and  be  of  force  from  and  after  its 
passage. 

Approved  May  13,  1861. 


No.  122.]  AN"  ACT 

To  suspend  the  operations  of  the  Mints. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact.  That  from  and  after  the  first  day  of  June 
ensuing,  the  operations  of  the  several  mints  in  the  Confederate 
States  be  suspended ;  and  that  all  officers  therein  shall  cease  to 
exercise  their  functions  or  to  receive  any  salaries ;  and  that  all 


'        16 

moneys  and  bullion  in  the  hands  of  any  ojQSicer  shall  forthwith 
be  transferred  to  the  Treasurer  of  the  Confederate  States. 

Sec.  2.  That  the  mint  at  New  Oi'leans,  with  the  tools,  im- 
plements and  all  appurtenances,  be  placed  by  the  superintendent 
in  charge  of  some  fit  person,  to  be  approved  by  the  Secretary 
of  the  Treasury ;  and  that  the  said  Secretary  be  authorized  to 
accept  the  superintendent  as  such  custodian,  and  to  alloAv  him, 
or  such  other  person  as  may  be  appointed,  the  use  and  occupa- 
tion of  the  portion  heretofore  used  as  a  dwelling,  in  considera- 
tionjof  his  undertaking  the  charge  and  safe-keeping  of  the  whole 
establishment. 

Sec.  3.  That  the  Secretary  of  the  Treasury,  until  otherwise 
directed  by  law,  be  authorized  to  take  the  same  course  in  rela- 
tion to  the  mint  and  public  property  connected  with  it  at  Pah- 
lonega. 

Appkoved  May  14,  1861. 


Ko.  123.]  AN  ACT 

To  organize  further  the  Bureau  of  Superintendent  of  Public 

Printing. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact^  That  the  salary  of  the  Superintendent  of 
Public  Printing  shall  be  three  thousand  dollars,  payable  as  other 
salaries  of  heads  of  bureaus  in  the  several  departments. 

Sec.  2.  The  Superintendent  of  Public  Printing  shall  be  enti. 
tied  to  a  messenger,  who  shall  receive  a  salary  of  three  hundred 
dollars  jDer  annum. 

Sec.  3.  The  publication  of  the  laws  and  journals  of  Congress 
shall  be  exclusively  under  the  direction  of  the  Superintendent 
of  Public  Printing,  subject  to  the  supei'vision  and  control  of  the 
Attorney  General.  And  the  Superintendent  may  contract  with 
publishers  of  newspapers  as  to  the  terms  of  publication  of  the 
laws  and  journals,  not  exceeding  in  compensation  the  rates 
usually  paid  by  other  advertisers  for  similar  work. 

Sec.  4.  The  Superintendent  shall  have  authority  to  contract, 
by  advertising  for  sealed  proposals,  for  all  paper  necessary  to 
do  all  the  printing  ordered  by  Congress  or  either  one  of  the 
executive  departments.  In  all  cases  the  contractor  shall  furnish 
the  paper  at  such  times  and  in  such  quantities  as  the  Superin- 


17 

tendent  shall  require,  and  shall  give  bond,  with  two  good  sure- 
ties, for  the  faithful  performance  of  the  contract. 

Sec.  5.  All  orders  for  printing  by  Congress  or  any  of  the 
executive  departments  shall  be  sent  lo  the  Superintendent  of 
Public  Printing,  to  be  by  him  delivered  to  the  printer  or  con- 
tractor: and  the  printing,  when  completed,  shall  be  returned  to 
the  Superintendent,  to  be  received  or  rejected,  and  by  him 
delivered  according  to  the  order. 

Sec.  6.  All  laws  and  parts  of  laws  militating  against  this  act 
be  and  the  same  are  hereby  repealed. 

Approved  May  14,  1861. 


No.  124.]  AN"  ACT 

To  authorize  the  transfer  of  Appropriations. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America,  do  enact,  That  during  the  recess  of  Congress  the 
President  of  the  Confederate  States  may  and  he  is  hereby 
authorized — on  the  application  of  the  secretary  of  the  proper 
department,  and  not  otherwise — to  direct,  if  in  his  opinion 
necessary  for  the  public  service,  that  a  portion  of  the  moneys 
appropriated  for  a  particular  branch  of  expenditure  in  that 
department  be  applied  to  another  branch  of  expenditure  in  the 
same  department;  in  which  case  a  special  account  of  moneys 
thus  transferred  shall  be  laid  before  Congress  during  the  first 
week  of  the  next  ensuing  session. 

Sec.  2.  This  act  shall  continue  and  be  of  force  until  the  end 
of  the  existing  war,  and  no  longer. 

Approved  JNLay  14,  1861. 


No.  125.]  AN  ACT 

To  define  the  Limits  of  the  Port  of  New  Orleans,  and  for  other 

purposes. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  port  of  New  Orleans,  in  the  State  of  Louisiana,  shall 
embrace  and  include  all  the  waters,  inlets  and  shores  on  both 
sides  of  the  river  Mississippi,  within  the  whole  parish  of  Or- 


18 

leans,  that  part  of  the  parish  of  Jefferson  on  the  right  bank  of 
said  river  to  the  upper  line  of  the  Destrehans  canal,  and  that 
portion  of  the  said  parish  of  Jefferson  on  the  left  bank  of  the 
Mississippi  river  to  the  upper  limits  of  the  town  or  faubourg  of 
-Hurtsville.  That  the  ports  of  delivery  known  as  bayou  St. 
John's,  Lake  Port,  and  Port  Pontchartrain,  and  the  customs 
officers  authorized  therefor,  be  and  the  same  are  hereby  abol- 
ished and  discontinued,  and  all  the  waters,  inlets  and  shores 
embraced  within  the  limits  of  said  ports  be  added  to  and  in- 
cluded in  the  port  of  New  Orleans. 
ArPROYED  May  14,  1861. 


No.  126.]  AN  ACT 

Regulating  the  sale  of  Prizes,  and  the  distribution  thereof. 

Section'  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact,  That  all  prizes  of  vessels  and  jM'operty  cap- 
tured by  private  armed  sliips,  in  pursuance  of  the  act  passed  by 
Congress  recognizing  the  existence  of  war  between  the  United 
States  and  the  Confederate  States,  and  concerning  letters  of 
marque,  prizes  and  prize  goods,  which  may  be  condemned  in 
any  court  of  the  Confederate  States,  shall  be  sold  at  i:)ublic  auc- 
tion by  the  marshal  of  the  district  in  which  the  same  shall  be 
condemned,  within  sixty  days  after  the  condemnation  thereof — 
sufficient  notice  of  the  time  and  place  and  condition  of  sale 
being  first  given — on  such  day  or  days,  on  such  terms  of  credit, 
and  in  such  lots  or  proportions  as  may  be  designated  by  the 
owner  or  owners,  or  agent  of  the  owner  or  owners,  of  the  pri- 
vateer which  may  have  captured  the  same  :  Provided,  That  the 
term  of  such  credit  shall  not  exceed  ninety  days.  And  the  said 
marshal  is  hereby  directed  to  take  and  receive  from  the  purcha- 
ser or  purchasers  of  such  prize  vessel  and  property,  the  inoney 
therefor,  or  his,  her  or  their  promissory  notes,  with  endorsers, 
to  be  approved  by  the  owner  or  owners  of  the  pi'ivateer,  to  the 
amount  of  the  purchase,  payable  according  to  the  terms  thereof. 

Si<:c.  2.  That  upon  all  duties,  costs  and  charges  being 
paid  according  to  law,  the  said  •  marslial  shall,  on  demand,  de- 
liver and  pay  over  to  the  owner  or  owners  of  the  privateer,  or 
to  the  agent  of  such  owner  or  owners  of  the  privateer  Avhich 
may  have  captured  such   prize   vessel  and    proi)erty,  a  just  and 


19 

equal  proportion  of  the  funds  I'cceivecl  on  nccount  of  the  sale 
thereof,  and  of  the  promissory  notes  directed  to  be  taken  as 
aforesaid,  to  which  tlie  said  owner  or  owners  may  be  entitled, 
according  to  the  articles  of  agreement  between  tlie  said  owner 
or  owners  and  the  officers  and  crew  of  the  said  privateer;  an'd 
a  just  and  equal  proportion  of  the  proceeds  of  the  sale  as  afore- 
said, shall,  on  demand,  be  also  paid  over  by  the  said  marshal  to 
the  officers  and  crew  of  the  said  privateer,  or  to  their  agent  or 
agents.  And  if  there  be  no  written  agreement,  it  shall  be  the 
duty  of  the  marshal  to  pay  over,  in  manner  as  aforesaid,  one 
moiety  of  the  jjroceeds  of  the  sale  of  such  prize  vessel  and 
property  to  the  owner  or  owners  of  the  privateer  which  may 
have  captured  the  same,  and  the  other  moiety  of  the  said  pro- 
ceeds to  the  agent  or  agents  of  the  officers  and  crew  of  the  said 
privateer,  to  be  distributed  according  to  law,  or  to  any  agree- 
ment by  tluMn  made :  Provided,  The  said  officers  and  crew,  or 
their  agent  or  agents,  shall  have  first  refunded  to  the  owner  or 
owners,  or  to  the  agent  of  the  owner  or  owners  of  the  privateer 
aforesaid,  the  full  amount  of  advances  which  shall  have  been 
made  by  the  owner  or  owners  of  the  privateer  to  the  officers 
and  crew  thereof. 

Skc.  3.  That  for  the  selling  prize  property  and  receiving 
and  paying  over  the  proceeds  as  aforesaid,  the  marshal  shall  be 
entitled  to  a  commission  of  one  per  cent,  and  no  more,  first  de- 
ducting all  duties,  costs  and  charges  which  may  have  accrued 
on  said  property  :  Provided,  That  on  no  case  of  condemnation 
and  sale  of  any  one  prize  vessel  and  cargo  shall  the  commissions 
of  the  marshal  exceed  two  hundred  and  fifty  dollars. 

Sec.  4.  That  it  shall  be  the  duty  of  the  marshal,  within 
fifteen  days  after  any  sale  of  prize  property,  to  file  in  the  office 
of  the  clerk  of  the  district  court  of  the  district  wherein  such 
sale  may  be  made,  a  just  and  true  account  of  the  sales  of  such 
prize  property,  and  of  all  duties  and  charges  thereon,  together 
"with  a  statement  thereto  annexed  of  the  promissory  notes  taken 
on  account  thereof,  which  account  shall  be  verified  by  the  oath 
of  the  said  marshal ;  and  if  the  said  niarslial  shall  wilfully  neo-- 
lect  or  refuse  to  file  such  account,  he  shall  forfeit  and  pay  the 
sum  of  five  hundred  dollars  for  each  omission  or  refusal  as  afore- 
said, to  be  recovered  in  an  action  of  debt  by  any  person  inter- 
ested in  such  sale,  and  suin^j  for  the  said  j^enalty,  on  account  of 


20 

the  party  or  parties  interested   in   the  prize  vessel  or  pvo\:)evtf 
sold  as  aforesaid,  in  any  court  having  cognizance  thereof. 

Sec.  5.  That  the  owner  or  owners  of  any  private  armed 
vessel  or  vessels,  or  their  agent  or  agents,  may,  at  any  time  be- 
fore ^a  libel  shall  be  filed  against  any  captured  vessel  or  her 
cargo,  remove  the  same  from  any  port  into  Avhich  such  prize 
vessel  or  property  may  be  first  brought,  to  any  other  port  in  the 
Confederate  States,  to  be  designated  at  the  time  of  the  removal 
as  aforesaid,  subject  to  the  same  restrictions  and  complying  with 
the  same  regulations  with  respect  to  the  payment  of  duties 
which  are  provided  by  law  in  relation  to  other  vessels  arriving 
in  port  witli  cargoes  subject  to  the  payment  of  duties:  Pr'o- 
vided,  That  before  such  removal  the  said  captured  property 
shall  not  have  been  attached  at  the  suit  of  any  adverse  claimant, 
or  a  claim  against  the  same  have  been  interposed  in  behalf  of 
the  Confederate  States. 

Appkoved  May  14,  1861. 


Xo.  128.]  AN  ACT 

To  provide  for  Auditing  the  Accounts  of  the  Post-Office  Depart- 
ment. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact,  That  it  shall  be  the  duty  of  the  First  Audi- 
tor of  the  Treasury  to  receive  all  accounts  arising  in  the  Post- 
Office  DejDartment  or  relative  thereto  ;  to  audit  and  settle  the 
.same  and  certify  their  balances  to  the  Postmaster  General : 
I^rovided,  That  if  either  the  Postmaster  General,  or  any  person 
wdiose  account  shall  be  settled,  be  dissatisfied  therewith,  he  may 
within  twelve  months  appeal  to  the  Comptroller  of  the  Treas- 
ury, whose  decision  shall  be  final  and  conclusive.  The  said 
Auditor  shall  report  to  the  Postmaster  General,  when  required^ 
the  official  forms  of  papers  to  be  used  by  postmasters  and  other 
officers  and  agents  of  the  department  concerned  in  its  receipts 
and  payments,  and  the  manner  and  form  of  keeping  and  stating 
its  accounts.  He  shall  keep  and  preserve  all  accounts,  with  the 
vouchers,  after  settlement.  He  shall  promptly  report  to  the 
Postmaster  General  all  delinquencies  of  postmasters  in  paying 
over  the  proceeds  of  their  offices.  He  shall  close  the  accounts 
of  the  Department  quarterly,  and  transmit  to  the  Secretary  of 


21 

the  Treasury  quarterly  statements  of  its  receipts  and  expendi- 
tures, lie  shall  register,  charge  and  countersign  all  warrants 
uj^on  the  treasury  for  receipts  and  payments  issued  by  the  Post- 
m9,ster  General,  when  warranted  by  laAV.  lie  shall  perform 
such  other  duties  in  relation  to  the  financial  concerns  of  the 
department  as  shall  be  assigned  to  him  by  the  Secretary  of  the 
Treasury  or  the  Postmaster  General,  and  stall  make  to  them, 
respectively,  such  reports  as  either  of  them  may  require  respect- 
ing the  same.  He  shall  state  and  certify  quarterly  to  the  Post- 
master General  accounts  of  the  moneys  paid  pursuant  to  appro- 
priations, in  each  year,  by  postmasters,  out  of  the  proceeds  of 
their  offices,  towards  ,the  expenses  of  the  department,  under 
each  of  the  heads  of  the  said  expenses  speciiied  in  the  ajtpro- 
priations  ;  upon  which  the  Postmaster  General  shall  issue  war- 
rants to  the  Treasurer  of  the  Confederate  States,  in  order  that 
the  same  may  be  carried  to  the  credit  and  debit  of  the  appro- 
priation for  the  service  of  the  Post-Office  Department,  on  the 
books  of  the  Auditor  of  the  Treasury.  lie  shall  superintend 
the  collection  of  all  debts  due  to  the  department,  and  all  penal- 
ties and  forfeitures  imposed  on  postmasters  for  tailing  to  make 
returns,  or  to  pay  over  the  proceeds  of  their  offices,  and  he  shall 
direct  suits  and  legal  pi'oceedings,  and  take  all  suoh  measures  as 
may  be  authorized  by  law  to  enforce  the  prompt  payment  of 
moneys  due  to  the  department. 

Sec.  2.  Afid  be  it  further  enacted^  That  the  said  Auditor 
shall  have  charge  of  all  lands  and  other  property  which  shall  be 
assigned,  set  otFor  conveyed  to  the  Confederate  States  in  pay- 
ment of  debts,  and  of  all  trusts  created  for  the  use  of  the  Con- 
federate States  in  payment  of  debts  due  them  on  account  of  the 
Post-Office  Department ;  and  to  sell  and  dispose  of  lands  or  other 
property  assigned  or  set  olf  to  the  Confederate  States  in  pay- 
ment of  debts,  or  being  vested  in  them  by  mortgage  or  other 
security  for  the  payment  of  debts  due  to  the  said  department, 
under  such  rules  and  regulations  as  may  be  prescribed  by  the 
Postmaster  General. 

Sec.  0.  The  Secretary  of  the  Treasury  sl)all  appoint  a  chief 
clerk  to  aid  the  First  Auditor  of  the  Treasury  in  auditing  the 
accounts  of  the  Post-Office  Department,  who  shall  receive  a 
salary  of  two  thousand  dollars  per  annum  ;  and  shall  appoint 
fifteen  additional  clerks,  with  salaries  of  twelve  hundred  dollars 
each,  and  fourteen  other  clerks,  with  salaries   of  one   thousand 


22 

dollars  each,  to  aid  the  First  Auditor  of  the  Treasury  in  audit- 
ing the  accounts  of  the  Post-Office  Department.  And  lie  shall 
appoint  one  messenger  for  the  Treasury  Department,  v.'ho  shall 
be  allowed  a  salary  of  five  hundred  dollars  per  annum. 

Sec.  4.  lie  it  farther  enacted^  That  the  said  Auditor  of  the 
Treasury  shall  be  allowed  to  send  through  the  mail  all  commu- 
nications, relating  exclusively  to  the  post-office  business,  free  of 
chai'ge,  under  the  same  rules,  regulations  and  restrictions,  and 
subject  to  the  same  penalties  as  are  how  prescribed  with  respect 
to  transmission  free  of  charge  by  the  heads  of  bureaus  of  the 
Post-Office  Department.  And  this  act  shall  go  into  effect  from 
and  after  its  passage. 

Approved  May  16,  1861. 


No.  106.]  AN  ACT 

Recognizing  the  existence  of  War  between  the  United  States 
and  the  Confederate  States ;  and  concerning  Letters  of  Marque, 
Prizes  and  Prize  Goods. 

Whereas,  The  earnest  efforts  made  by  this  government  to 
establish  friendly  relations  between  the  government  of  the  Uni- 
ted States  and  the  Confederate  States,  and  to  settle  all  ques- 
tions of  disagreement  between  the  two  governments  upon  prin- 
ciples of  right,  justice,  equity  and  good  faith,  have  proved  una- 
vailing by  reason  of  the  refusal  of  the  government  of  the  United 
States  to  hold  any  intercourse  with  the  commissioners  appointed 
by  this  government  for  the  purposes  aforesaid,  or  to  listen  to 
any  proposals  they  had  to  make  for  the  peaceful  solution  of  all 
causes  of  difficulty  between  the  two  governments;  and  whereas 
the  President  of  the  United  States  of  America  has  issued  his 
proclamation  making  requisition  iipon  the  states  of  the  American 
Union  for  seventy-five  thousand  men  for  the  purpose,  as  therein 
indicated,  of  capturing  forts  and  other  strongholds  within  the 
jurisdiction  of  and  belonging  to  the  Confederate  States  of 
America,  and  has  detailed  naval  armaments  upon  the  coasts  of 
the  Confederate  States  of  America,  and  raised,  organized  and 
equipped  a  large  military  force  to  execute  the  purpose  aforesaid, 
and  has  issued  his  other  proclamation  announcing  his  purpose 
to  set  on  foot  a  blockade  of  the  ports  of  the  Confederate  States  : 
and  whereas,  the  State  of  Virginia  has  seceded  from  the  Federal 


23 

TJnion  and  entered  into  a  convention  of  alliance  offensive  and 
defensive  with  the  Confederate  States,  and  has  adopted  the 
Provisional  Constitution  of  the  said  states,  and  the  States  of 
Maryland,  North  Carolina,  Tennessee,  Kentucky,  Arkansas  ai/d 
Missouri,  have  refused,  and  it  is  believed  that  the  State  of  Dela- 
ware and  the  inhabitants  of  the  territories  of  Arizona  and  New 
Mexico,  and  the  Indian  territory  south  of  Kansas,  will  refuse  to 
co-operate  with  the  government  of  the  United  States  in  these 
acts  of  hostilities  and  wanton  aggression,  which  are  ])lainly 
intended  to  overawe,  oppress  and  finally  subjugate  the  people 
of  the  Confederate  States:  and  whereas,  by  the  acts  and  means 
aforesaid,  war  exists  between  the  Confederate  States  and  the 
governnuMit  of  the  United  States,  and  the  states  and  territories 
thereof,  except  the  States  of  ^Maryland,  North  Carolina,  Tennes- 
see, Kentucky,  Arkansas,  ^Missouri  and  Delaware,  and  the  terri- 
tories of  Arizona  and  New  Mexico,  and  the  Indian  territory- 
south  of  Kansas :  Therefore, 

Skctiox  1.  .The  Congress  of  the  Confederate  States  of 
America  do  enact.,  That  the  Presidont  of  the  Confederate  States 
is  hereby  authorized  to  use  the  whole  land  and  naval  force  of 
the  Confederate  States  to  meet  the  war  thus  commenced,  and 
tb  issue  to  private  armed  vessels  commissions,  or  letters  of 
marque  and  general  reprisal^  m  such  form  as  he  shall  think  pro- 
per, under  tlie  seal  of  tlie  Confederate  States,  against  the  ves- 
sels, goods  and  eflects  of  the  government  of  the  laiited  States, 
and  of  the  citizens  or  inhabitants  of  the  states  and  territories 
thereof:  Provided,  however.,  That  property,  of  the  enemy  (un- 
less it  be  contraband  of  war)  laden  on  board  a  neutral  vessel, 
shall  not  be  subject  to  seizure  under  this  act:  And  provided 
further.,  That  vessels  of  the  citizens  or  inhabitants  of  the  United 
States  now  in  the  ports  of  the  Confederate  States,  except  such 
as  have  been  since  the  5tli  of  April  last,  or  may  hereafter  be,  in 
the  service  of  the  government  of  the  United  States,  shall  be 
allowed  thirty  days  after  the  publication  of  this  act  to  leave  said 
ports  and  reach  their  destination  ;  and  such  vessels  and  their 
cargoes,  excepting  articles  contraband  of  Avar,  shall  not  be  sub- 
ject to  capture  under  this  act  during  said  period,  unless,  they 
shall  have  previously  reached  the  destination  for  wliich  \hey 
were  bound  on  leaving  said  ports. 

Sec.  2.  That  the  President  of  the  Confederate  States  shall 
be  and  he  is  hereby  authorized  and  enipowered  to  revoke  and 


24 

annul,  at  pleasure,  all  letters  of  marque  and  reprisal  Avhich  he 
may  at  any  time  grant  pursuant  to  this  act. 

Sec.  3.  That  all  persons  applying  for  letters  of  marque  and 
j-eprisal,  pursuant  to  this  act,  shall  state  in  writing  the  name  and 
'a  suitable  description  of  the  tonnage  and  force  of  the  vessel,  and 
the  name  and  place  of  residence  of  each  owner  concerned  there. 
in,  and  the  intended  number  of  the  crew  ;  which  statement  shall 
be  signed  by  the  person  or  persons  making  such  application, 
and  filed  yviih  the  Secretary  of  State,  or  shall  be  delivered  to 
any  other  officer  or  person  who  shall  be  employed  to  deliver 
out  such  commissions,  to  be  by  him  transmitted  to  the  Secretary 
of  State. 

Sec.  4.  That  before  any  commission  or  letters  of  marque 
and  reprisal  shall  be  issued  as  aforesaid,  the  owner  or  owners  of 
the  ship  or  vessel  for  which  the  same  shall  be  requested,  and 
the  commander  thereof  for  the  time  being,  shall  give  bond  to 
the  Confederate  States,  with  at  least  two  responsible  sureties 
not  interested  in  such  vessel,  in  the  penal  sum  of  five  thousand 
dollars,  or  if  such  vessel  be  provided  with  more  than  one  hun- 
dred and  fifty  men,  then  in  the  penal  sum  of  ten  thousand  dol- 
lars, with  condition  that  the  owners,  officers  and  crew  who 
shall  be  emploj^ed  on  board  such  commissioned  vessel,  shall  an,d 
will  observe  the  laws  of  the  Confederate  States,  and  the  instruc- 
tions which  shall  be  given  them  according  to  law  for  the  regu- 
lation of  their  conduct,  and  will  satisfy  all  damages  and  injuries 
which  shall  be  done  or  committed  contrary  to  the  tenor  thereof, 
by  such  vessel  during  her  commission,  and  to  deliver  up  the 
same  when  revoked  by  the  President  of  the  Confederate  States. 

Sec.  5.  That  all  captures  and  prizes  of  vessels  and  property 
shall  be  forfeited  and  shall  accrue  to  the  owners,  officers  and 
crews  of  the  vessels  by  whom  such  captures  and  prizes  shall  be 
made,  and  on  due  condemnation  had  shall  be  distributed  ac- 
cording to  any  written  agreement  which  shall  be  made  between 
them ;  and  if  there  be  no  such  written  agreement,  then  one 
moiety  to  the  owners  and  the  other  moiety  to  the  officers  and 
crew,  as  nearly  as  may  be  according  to  the  rules  prescribed  for 
the  distribution  of  prize  money  by  the  laws  of  the  Confederate 
States. 

Sec.  C.  That  all  vessels,  goods  and  effects,  the  property  of 
any  citizen  of  the  Confederate  States,  or  of  persons  resident 
within  and  under  the  protection  of  the  Confederate  States,  or  of 


25 

persons  permanently  within  tlie  territo.ries  and  under  the  pro- 
tection of  any  foreign  prince,  government  or  state  in  amity  with 
the  Confederate  States,  which  shall  have  been  captured  by  the 
United  States,  and  which  shall  be  re-captured  by  vessels  com- 
missioned as  aforesaid,  shall  be  restored  to  the  lawful  owners, 
upon  payment  by  them  of  a  just  and  reasonable  salvage,  to  be 
determined  by  the  mutual  agreement  of  the  parties  concerned, 
or  by  the  decee  of  any  court  having  jurisdiction,  according  to 
the  nature  of  each  case,  agreeably  to  the  provisions  established 
by  law.  And  such  salvage  shall  be  distributed  among  the  o^m- 
ers,  officers  and  crews  of  the  vessels  commissioned  as  aforesaid, 
and  making  such  captures,  according  to  any  written  agreement 
which  shall  be  made  between  them ;  and  in  case  of  no  such 
agreement,  then  in  the  same  manner  and  upon  the  principles 
hereinbefore  proA^ided  in  cases  of  capture-. 

Skc.  7.  That  before  breaking  bulk  of  any  vessel  which  shall 
be  captured  as  aforesaid,  or  other  disposal  or  conversion  thereof, 
or  of  any  articles  which  shall  be  found  on  board  the  same,  such 
captured  vessel,  goods  or  effects  shall  be  brought  into  some  port 
of  the  Confederate  States,  or  of  a  nation  or  state  in  amity  with 
the  Confederate  States,  and  shall  be  proceeded  against  before  a 
competent  tribunal ;  and  after  condemnation  and  forfeiture 
thereof  shall  belong  to  the  owners,  officers  and  crew  of  the  ves- 
sel capturing  the  same,  and  be  distributed  as  before  provided ; 
and  in  the  case  of  all  captured  vessels,  goods  and  elFects  which 
shall  be  brought  within  the  jurisdiction  of  the  Confederate 
States,  the  district  courts  of  the  Confederate  States  shall  have 
exclusive  original  cognizance  thereof,  as  in  civil  causes  of  ad- 
miralty and  maritime  jurisdiction  ;  and  the  said  courts,  or  the 
courts,  being  courts  of  t^hc  Confederate  States,  into  which  such 
cases  shall  be  removed,  and  in  which  they  shall  be  finally  de- 
cided, shall  and  may  decree  restitution  in  whole  or  in  part, 
Avhen  the  capture  shall  have  been  made  without  just  cause. 
And  if  made  without  probable  cause,  may  order  and  decree 
damages  and  costs  to  the  party  injured,  for  which  the  owners 
and  commanders  of  the  vessels  making  such  captures,  and  also 
the  vessels,  shall  be  liable. 

Sec.  8.  That  all  persons  found  on  board  any  captured  ves- 
sels, or  on  board  any  re-captured  vessel,  shall  be  reported  to 
the  collector  of  the  port  in  the  Confederate  States  in  which  they 
shall  first  arrive,  and  shall  be  delivered  into  the  custody  of  the 


26 

marshal  of  the  district,  or  some  court  or  military  officer  of  the 
Confederate  States,  or  of  any  state  in  or  near  such  port  who 
shall  take  charge  of  their  safe  keeping  and  support,  at  the  ex- 
pense of  the  Confederate  States. 

Sec.  9.  That  the  President  of  the  Confederate  States  is 
hereLy  authorized  to  establish  and  order  suitable  instructions 
for  tlie  better  governing  and  directing  the  conduct  of  the  ves- 
sels so  commissioned,  their  officers  and  crews,  copies  of  which 
shall  be  delivered  by  the  collector  of  the  customs  to  the  com- 
manders, when  they  shall  give  bond  as  provided. 

Sec.  10.  That  a  bounty  shall  be  paid  by  the  Confederate 
States  of  $20  for  each  person  on  board  any  armed  ship  or  vessel 
belonging  to  the  United  States  at  the  commencement  of  an  en- 
gagement, which  shall  be  burnt,  sunk  or  destroyed  by  any  ves- 
sel commissioned  as  aforesaid,  which  shall  be  of  equal  or  inferior 
force,  the  same  to  be  divided  as  in  other  cases  of  prize  money ; 
and  a  bounty  of|25  shall  be  paid  to  the  owners,  officers  and 
crews  of  the  private  armed  vessels  commissioned  as  aforesaid, 
for  each  and  every  prisoner  by  them  captured  and  brouglit  into 
port,  and  delivered  to  an  agent  authorized  to  receive  them,  in 
any  port  of  the  Confederate  States  ;  and  the  Secretary  of  the 
Treasury  is  hereby  authorized  to  pay  or  cause  to  be  paid  to  the 
owners,  officers  and  crews  of  such  private  armed  vessels  com- 
missioned as  aforesaid,  or  their  agent,  the  bounties  herein  pro- 
vided. 

Sec.  11.  That  the  commanding  officer  of  every  vessel  hav- 
ing a  commission  or  letters  of  marque  and  reprisal,  during  the 
present  hostilities  between  the  Confederate  States  and  the  Uni- 
ted States,  shall  keep  a  regular  journal,  containing  a  true  and 
exact  account  of  his  daily  proceedings  and  transactions  with 
such  vessel  and  the  crew  thereof;  theports  and  places  he  shall 
put  into  or  cast  anchor  in ;  the  time  of  his  stay  there  and  the 
cause  thereof;  the  prizes  he  shall  take  and  the  nature  and  pro- 
bable value  thereof;  the  times  and  places  when  and  where 
taken,  and  in  what  manner  he  shall  dispose  of  the  same;  the 
ships  or  vessels  he  shall  fall  in  with ;  the  times  and  places  when 
and  where  he  shall  meet  with  them,  and  his  observations  and 
remarks  thereon ;  also,  of  Avhatever  el^e  shall  occur  to  him  or 
any  of  his  officers  or  marines,  or  be  discovered  by  examination 
or  conference  with  any  marines  or  passengers  of  or  in  any  other 
ships  or  vessels,  or  by  any  other  means  touching  the  fleets,  ves- 


2T 

sels  and  forces  of  tlie  United  States,  their  posts  and  places  of 
station  and  destination,  strength,  numbers,  intents  and  designs  ; 
and  such  commanding  officer  slndlj  immediately  on  his  arrival 
in  any  port  of  the  Confederate  States,  from  or  during  the  con- 
tinuance of  any  voyage  or  cruise,  produce  his  commission  for 
such  vessel,  and  deliver  up  such  journal  so  kept  as  aforesaid, 
signed  with  his  proper  name  and  hand-writing,  to  the  collector 
or  other  chief  officer  of  the  customs  at  or  nearest  to  such  port ; 
the  truth  of  which  journal  shall  be  verified  by  the  oath  of  the 
commanding  officer  for  the  time  being.  And  such  collector  or 
other  chief  offic(?r  of  the  customs  shall,  immediately  on  the  arri- 
val of  such  vessel,  order  the  proper  officer  of  the  customs  to  go 
on  board  and  take  an  account  of  the  officers  and  men,  the  num- 
ber and  nature  of  the  guns,  and  whatever  else  shall  occur  to  him 
on  examiuntion  material  to  be  known  ;  and  no  such  vessel  shall 
be  permitted  to  sail  onl  of  port  again  until  such  journal  shaU 
have  been  delivered  up,  and  a  certificate  obtained  under  the 
hand  of  such  collector  or  o,ther  chief  officer  of  the  customs  that 
she  is  mnmied  and  armed  according  to  her  commission  ;  and 
upon  delivery  of  such  certificate,  any  former  certificate  of  a  like 
nature  which  shall  have  been  obtained  by  the  commander  ot 
such  vessel  shall  be  delivered  up. 

Sec.  12.  That  the  commanders  of  vessels  having  letters  of 
marque  and  reprisal  as  aforesaid,  neglecting  to  keep  a  journal 
as  aforesaid,  or  wilfully  making  fraudulent  entries  therein,  or 
obliterating  the  record  of  any  material  transaction  contained 
therein,  where  the  interest  of  the  Confederate  States  is  con- 
cerned, or  refusing  to  produce  and  deliver  such  journal,  com- 
mission or  certificate,  pursuant  to  the  preceding  section  of  this 
act,  then  and  in  such  cases  the  commissions  or  letters  of  marque 
and  reprisal  of  such  vessels  shall  be  liable  to  be  revoked;  and 
such  commanders  respectively  shall  forfeit  for  every  such  offence 
the  sum  of  $1,000,  one  moiety  thereof  to  the  use  of  the  Confed- 
erate States,  and  the  other  to  the  informer. 

Sec.  13.  That  the  owners  or  commanders  of  vessels  having 
letters  of  marque  and  reprisal  as  aforesaid,  who  shall  violate  any 
of  the  acts  of  Congress  for  the  collection  of  the  revenue  of  the 
Confederate  States,  and  for  the  prevention  of  smuggling,  shall 
forfeit  the  commission  or  letters  of  marque  and  reprisal,  and 
they  and  the  vessels  owned  or  commanded  by  them  shall  be 


28 

liable  to  all  the  penalties  and  forfeitures  attaching  to  merchant 
ve"ssels  in  like  cases. 

Sec.  14.  That  on  all  goods,  wai'es  and  merchandise  captured 
and  made  good  and  lawful  prizes  of  war,  by  any  private  armed 
ship  having  commission  or  letters  of  marqne  and  reprisal  under 
this  act,  and  brought  into  the  Confederate  States,  there  shall  be 
allowed  a  deduction  of  33  1-3  per  cent,  on  the  amount  of  duties 
imposed  by  law. 

Sec.  15.  That  five  per  centum  on  the  net  amount  (after  de^ 
ducting  all  charges  and  expenditures)  of  the  prize  money  arising 
from  captured  vessels  and  cargoes,  and  on  the  net  amount  of 
the  salvage  of  vessels  and  cargoes  re-captured  by  private  armed 
vessels  of  the  Confederate  States,  shall  be  secured  and  paid  over 
to  the  collector  or  other  chief  officer  of  the  customs,  at  the  port 
or  place  in  the  Confederate  States  at  which  such  captured  or 
re-captured  vessels  may  ariive,  or  to  the  consul  or  other  public 
agent  of  the  Confederate  States  residing  at  the  port  or  place  not 
within  the  Confederate  States  at  which  such  captured  or  re-cap- 
tured vessel  may  arrive.  And  the  moneys  arising  therefrom 
shall  be  held  and  are  hereby  pledged  by  the  government  of  the 
Confederate  States  as  a  fund  for  the  support  and  maintenance  of 
the  widows  and  orphans  of  such  persons  as  may  be  slain,  and 
for  the  support  and  maintenance  of  such  persons  as  may  be 
wounded  and  disabled  on  board  of  the  private  armed  vessels 
commissioned  as  aforesaid,  in  any  engagement  with  the  enemy, 
to  be  assigned  and  distributed  in  such  manner  as  shall  hereafter 
be  provided  by  law. 

Approved  May  6,  1861. 


No.  129.]  AN  ACT 

To  increase  the  Military  establishment  of  the  Confederate  States, 
and  to  amend  the  "Act  for  the  establishment  and  organiza- 
tion of  the  Army  of  the  Confederate  States  of  America." 

Section  1.  Tlie  Congress  of  the  Confederate  States  of 
America  do  enact.  That  the  President  shall  be  authorized  to 
raise  and  organize,  in  addition  to  the  present  military  establish- 
ment, one  regiment  of  cavalry  and  two  regiments  of  infmtry, 
whenever  in  his  judgment  the  public  service  may  require  such 
an  increase,  to  be  organized  in  accordance  with   existing  laws 


29 

for  the  organization  of  cavalry  and  infantry  regiments,  and  to 
be  entitled  to  tlie  same  pay  and  allowances  provided  for  the  same 
respectively. 

Sec.  2.  *rhat  the  five  general  officers  provided  by  existing 
laws  for  the  Confederate  States,  shall  have  the  rank  and  denom- 
ination of  "General,"  instejid  of  "Brigadier  General,"  Avhich 
shall  be  the  highest  military  grade  known  to  the  Confederate 
States.  They  shall  be  assigned  to  such  commands  and  duties 
as  the  President  may  specially  direct,  and  shall  be  entitled  to 
the  same  pay  and  allowances  as  are  provided  for  brigadier  gen- 
erals, and  to  two  aids-de-camp,  to  be  selected  as  now  provided 
by  law.  Appointments  to  the  rank  of  general,  after  the  army 
is  organized,  shall  be  made  by  selection  from  the  army. 

Sec.  3.  That  the  President  be  authorized,  whenever  in  his 
judgment  the  public  service  may  require  the  increase,  to  add  to 
the  corps  of  engineers  one  lieutenant  colonel,  who  shall  receive 
the  pay  and  allowances  of  a  lieutenant  colonel  of  cavalry,  and  as 
many  captains,  not  exceeding  five,  as  may  be  necessary. 

Sec.  4.  That  there  be  added  to  the  quartermaster  general's 
department  one  assistant  quartermaster  general,  with  the  rank 
of  lieutenant  colonel,  and  two  quartermasters,  with  the  rank  of 
major ;  and  to  the  commissary  general's  department,  one  assist- 
ant commissary,  with  the  rank  of  major,  and  one  assistant  com- 
missary, with  the  rank  of  captain  ;  and  to  the  medical  depart- 
ment, six  surgeons  and  fourteen  assistant  surgeons. 

Sec.  5.  That  the  President  be  authorized  to  appoint  as  many 
military  store-keepers,  with  the  pay  and  allowances  of  a  first 
lieutenant  of  infantry,  as  the  safe-keeping  of  the  public  property 
may  require,  not  to  exceed  in  all  six  store-keepers. 

Sec.  ('-.  That  there  be  added  to  the  military  establishment 
one  quartermaster  sergeant  for  each  regiment  of  cavalry  and 
infimtry.  and  one  ordnance  sergeant  for  each  military  post,  each 
to  receive  the  pay  and  allowances  of  a  sergeant  major,  accord- 
ing to  existing  laws. 

Sec.  7.  That  there  may  be  enlisted  for  the  medical  depart- 
ment of  the  army,  for  the  term  already  provided  by  law  for 
other  enlisted  men,  as  many  hospital  stewards  as  the  service 
may  require,  to  be  determined  by  the  Secretary  of  War,  imder 
such  regulations  as  he  may  prescribe,  and  who  shall  receive  the 
pay  and  allowances  of  a  sergeant  major. 

Sec.  8.     That  until  a  military  school  shall  he  established  for 


30 

the  elementary  instruction  of  officers  for  the  army,  the  Presi- 
dent shall  be  authorized  to  appoint  cadets  from  the  several 
states,  in  number  proportioned  to  their  representation  in  the 
House  of  Representatives,  and  ten  in  addition,  to  be  selected  by 
him  at  large  from  the  Confederate  States,  who  shall  be  attached 
to  companies  in  service  in  any  branch  of  tlie  army,  as  super- 
numerary officers,  with  the  rank  of  cadet,  who  shall  receive  the 
monthly  pay  of  forty  dollars,  and  be  competent  for  promotion 
at  such  time  and  imder  such  regulations  as  may  be  prescribed 
by  the  President,  or  hereafter  established  by  law. 

Sec.  9.  That  the  President  be  authorized  to  assign  officers 
of  the  army  of  the  Confederate  States  to  staff  duty  with  volun- 
teers or  provisional  troops,  and  to  confer  upon  them,  whilst  so 
employed,  the  rank  corresponding  to  the  staff  duties  they  are 
to  perform. 

Sec.  10.  There  shall  be  allowed  and  paid  to  every  iible- 
bodied  man  who  shall  be  duly  enlisted  to  serve  in  the  army  of 
the  Confederate  States,  a  bounty  of  ten  dollars  ;  but  the  pay- 
ment of  five  dollars  of  the  said  bounty  shall  be  deferred  until 
the  recruit  shall  have  been  mustered  into  the  regiment  in  which 
he  is  to  serve. 

Sec.  11.  That  th6  provision  of  the  third  section  of  the  act  of 
the  Congress  of  ^the  United  States,  making  aj)propriations  for 
the  legislative,  executive  and  judicial  expenses  of  the  govern- 
ment for  the  year  ending  the  thirtieth  day  of  June,  A.  D. 
eighteen  hundred  and  sixty-one,  approved  June  twenty-third, 
eighteen  hundred  and  sixty,  which  declares  that  no  arras  nor 
military  sup2)lics  whatever,  which  are  of  a  patented  invention, 
shall  be  purchased,  nor  the  right  of  using  or  applying  any  pat- 
ented invention,  unless  the  same  shall  be  authorized  by  law, 
and  the  appropriation  therefor  explicitly  set  forth,  that  it  is  for 
such  jDatented  invention,  (if  of  force  within  the  Confederate 
States,)  shall  be  susj^ended  in  its  02:)cration  for  and  during  the 
existing  war. 

AprnovED  May  16,  1861. 


31 

Ko.  ]  30.]  AN  ACT  . 

To  provide  a  Compensation  for  the  Disbursing  Officers  of  the 
several  Executive  Departments. 

Section-  1.  The  Couf/ress  of  tlic  Confederate  Sfat.es  of 
America  do  e)iact,  That  the  Secretaries  of  the  State,  Treasury, 
War  and  Navy  Departments,  and  of  the  Department  of  Jus- 
tice, and  of  the  Post-office  Department,  shall  appoint  one  of 
their  clerks  as  a  disbursing  clerk;  and  such  clerk  shall  bfe 
allowed,  in  addition  to  his  comjieusation  as  clerk,  the  additional 
sum  of  tAVO  hundred  dollars  per  annum,  for  disbursing  the  funds 
of  said  departments  which  uuiy  be  required  to  pass  through 
their  hands.  And  that  all  laws  and  parts  of  laws  now  in  force 
relating  to  this  subject  be  repealed;  and  that  this  act  take  effect 
and  be  of  force  from  and  after  its  passage. 

ApruovED  May  IG,  ISGl. 


No.  131.]  AN  ACT 

In  relation  to  Marine  Hospitals. 

Resolved  hy  the  Congress  of  the  Confederate  States  of 
America,  That  the  expenses  of  the  marine  hospitals  in  the  Con- 
federate States  be  limited  to  the  amounts  received  for  their  sup- 
port ;  and  that  the  Secretary  of  the  Treasury  be  authorized  to 
place  any  of  such  hospitals  as  may  be  practicable  under  the 
charge  of  any  corporate  or  state  authority  which  will  undertake 
to  keep  open  the  same  as  a  hospital  for  the  sick,  and  to  receive 
therein  such  seamen  as  the  funds  allowed  by  law  for  their  sup- 
port will  enable  them  to  provide  for. 

ArrEOVED  May  IG,  ISGl. 


No.  132.]  AN  ACT 

To  amend  an  Act  entitled  "  An  Act  to  provide  for  the  appoint, 
ment  of  Chaplains  to  the  Army,"  approved  May  third^ 
eighteen  hundred  and  sixty-one. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact,  That  so  much  of  the  second  section  of  the 
above  recited  act  as  fixes  the  pay  of  chaplains  iu  the  army  at 


.¥< 


32 

eighty-five  dollars  be  repealed,  and  that  the  pay  of  said  chap- 
lains be  fifty  dollars  per  month. 
ArrRO VED  May  16,1861. 


Ko.  133.]  AN  ACT 

To  authorize  the  President  to  continue  the  Appointments  made 
by  him  in  the  Military  and  Naval  Service  during  the  recess  of 
Congress  or  the  present  session,  and  to  submit  them  to  Con- 
gress at  its  next  session. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact,  That  the  President  be  authorized  to  continue 
the  appointments  made  by  him  in  the  military  and  naval  service 
during  the  recess  of  Congress  or  the  present  session,  and  to 
submit  them  to  Congress  at  its  next  session. 

ArPEOVED  May  16,  1861. 


No.  134.]  AN  ACT 

To  authorize  a  Loan  and  the  issue  of  Treasury  Notes  ;  and  to 
prescribe  the  punishment  for  forging  the  same,  and  for  forg- 
ing Certificates  of  Stock,  and  Bonds. 

Section  1.  The  Congress  of  the  Confederate  States  of 
Atnerica  do  enact,  That  the  Secretary  of  the  Treasury  may, 
with  the  assent  of  the  President  of  the  Confederate  States,  issue 
fifty  millions  of  dollars  in  bonds,  payable  at  the  expiration  of 
twenty  years  from  their  date,  and  bearing  a  rate  of  interest  not 
exceeding  eight  per  cent,  per  annum  until  they  become  payable, 
the  said  interest  to  be  paid  semi-annually.  The  said  bonds,  after 
public  advertisement  in  three  newspapers  within  the  Confede- 
rate States  for  six  weeks,  to  be  sold  for  specie,  military  stores, 
or  for  the  proceeds  of  sales  of  ra'w  produce  or  manufactured 
articles,  to  be  paid  in  the  form  of  specie  or  with  foreign  bills  of 
exchange,  in  such  manner  and  under  such  regulations  as  may 
be  prescribed  by  the  Secretary  of  the  Treasury,  with  the  assent 
of  the  President.  But  it  shall  be  the  duty  of  the  Secretary  of 
the  Treasury  to  report,  at  its  next  ensuing  session,  to  the  Con- 
gress of  the  Confederate  States,  a  precise  statement  of  his  trans. 


33 

actions  under  this  law.  Nor  shall  the  said  bonds  be  issued  in 
fractional  parts  of  the  hundred,  or  be  exchanged  by  the  said 
Secretary  for  treasury  notes,  or  the  notes  of  any  bank,  corpora- 
tion or  individual,  but  only  in  the  manner  herein  prescribed: 
.Prooidcd,  That  nothing  herein  contained  shall  be  so  construed- 
as  to  prevent  the  Secretary  of  the  Treasury  from  receiving  for- 
eign bills  of  exchange  in  payment  of  these  bonds. 

Skc.  2,  A?id  be  it  further  enacted,,  That  in  lieu  of  bonds,  to 
an  amount  not  exceeding  twenty  millions  of  dollars,  the  Secre- 
tary of  the  Treasury,  with  the  assent  of  the  President,  may 
issue  treasury  notes  to  the  same  amount,  without  interest,  and 
in  denominations  of  not  less  than  iivc  dollars — the  said  notes  to 
be  receivable  in  payment  of  all  debts  or  taxes  due  to  the  Con- 
federate States,  except  the  export  duty  on  cotton,  or  in  exchange, 
for  the  bonds  herein  authorized  to  be  issued.  The  said  notes 
shall  be  payable  at  the  end  of  two  years  from  the  date  of  their 
issue,  in  specie.  The  holders  of  the  said  notes  may  at  any  time 
demand  in  exchange  for  them  bonds  of  the  Confederate  States, 
payable  at  the  end  of  ten  yeai's,  and  bearing  an  interest  of  eight" 
per  centum  per  annum,  to  be  paid  semi-annually.  The  Secretary 
of  the  Treasury  is  hereby  authorized  to  issue  the  said  bonds,  but 
not  in  fractional  parts  of  the  liuudred.  But  if  after  the  expira- 
tion of  two  years,  when  the  treasury  notes  shall  be  due,  tiie 
Secretary  of  the  Treasury  shall  advertise  that  he  will  pay  the 
same,  then  the  privilege  of  funding  shall  cease  after  six  months 
from  the  date  of  the  advertisement,  unless  there  shall  be  a  fail- 
ure to  pay  the  same  on  their  presentation. 

Skc.  3.  And  be  it  ftirthcr  enacted,  That  in  lieu  of  the  notes 
authorized  by  this  act,  which  may  be  redeemed,  other  notes  may 
be  issued  within  the  period  often  years  as  aforesaid  :  Provided,, 
hotoever,  That  the  amount  of  such  notes  outstanding,  together 
with  the  stock  in  which  the  said  treasury  notes  may  have  been 
funded  under  the  provisions  of  this  act,  shall  not  exceed  the 
sum  43f  twenty  millions  of  dollars.  But  the  Secretary  of  the 
Treasury  may,  upon  application  of  the  holder  of  a  bond  thus 
funded,  redeem  it  by  giving  in  exchange  treasury  notes  issued 
under  the  provisions  of  this  act,  to  such  extent  as  that  the  entire 
amount  of  notes  then  issued,  together  with  the  amount  of  the 
bonds  in  which  they  may  have  been  funded,  shall  not  exceed 
twenty  million^  of  dollars. 


34 

Sec.  4.  A?id  be  it  further  enacted,  That  the  faith  of  the  Con- 
federate States  is  hereby  pledged  to  provide  and  establish  suffi- 
cient revenues  for  the  regular  payment  of  the  intere&t,  and  for 
the  redemption  of  the  said  stock  and  treasury  notes.  And  the 
principal  sum  borrowed  under  the  provisions  of  this  act  and  the 
interest  thereOn,  as  the  same  shall  from  time  to  time  become 
due  and  payable,  shall  be  paid  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 

Sec.  5,  And  be  it  further  enacted,  That  this  act  shall  be 
deemed  to  contain  all  the  provisions,  limitations  and  penalties 
of  the  act  entitled  an  act  to  authorize  the  issue  of  ti'easury  notes, 
and  to  prescribe  the  punishment  for  forging  the  same,  and  for 
forging  certificates  of  stocks,  bonds,  or  coupons,  and  approved 
March  ninth,  ISGl,  which  shall  be  considered  as  parts  of  this 
act,  save  the  first,  second  and  tenth  sections,  and  save  so.  much 
as  relates  to  interest  upon  treasury  notes. 

Sec.  6.  And  be  it  further  enacted,  That  for  the  purpose  of 
raising  ten  millions  of  dollars  within  the  present  calendar  year, 
and  of  proA'iding  for  the  ultimate  redemption  of  the  debt  herein 
authorized  to  be  contracted,  the  Secretary  of  the  Treasury  is 
hereby  directed  to  collect  information  in  regard  to  the  value  of 
the  property,  the  revenue  system,  and  the  amount  collected 
during  the  last  fiscal  year  in  each  of  the  Confederate  States,  and 
to  report  the  same  to  Congress  at  its  next  session,  so  as  to 
enable  it  to  lay  a  fair,  equal  and  convenient  system  of  internal 
taxation,  for  the  purpose  of  securing  the  payment  of  the  interest 
and  principal  of  the  debt  hereby  authorized  to  be  created,  in 
such  manner  as  may  fully  discharge  the  obligation  herein  con- 
tracted by  the  pledge  of  the  faith  of  the  Confederate  States  to 
pay  the  principal  and  interest  of  the  said  debt  when  due. 

Sec.  7.  And  be  it  further  enacted.  That  any  state  may  pay 
into  the  treasury,  in  anticipation  of  the  tax  aforesaid,  any  sum 
not  less  than  one  hundred  thousand  dollars,  in  specie  or  its 
equivalent ;  and  if  the  same  be  paid  on  or  before  the  first  day  of 
July  next,  the  said  state  shall  be  allowed  to  set  off  the  same 
with  ten  per  cent,  additional  from  the  quota  to  be  assessed  upon 
the  said  state. 

Approved  May  16,  1861. 


95 

No.  1.35.]  AN  ACT 

To  admit  the  State  of  North  Carolina  into  the  Confederacy, 
on  a  certain  condition. 

The  State  of  North  Carolina  having  adopted  measures  look- 
ing to  an  -early  withdrawal  from  tlie  United  States,  and  to  be- 
coming in  the  future  a  member  of  this  Confederacy,  which 
Measures  may  not  be  consummated  before  the  approaching  re- 
cess of  Congress :  Therefore, 

77jc  Congress  of  the  Confederate  States  of  Amei'ica  do  enact, 
That  the  State  of  North  Carolina  shall  be  admitted  a  member 
of  the  Confederate  States  of  America,  upon  an  equal  footing 
with  the  other  States,  under  the  Constitution  for  the  Provisional 
Government  of  the  same,  upon  the  condition  that  the  conven* 
tion  of  said  state  soon  to  assemble  shall  adopt  and  ratify  said 
Constitution  for  the  Provisional  Government  of  the  Confederate 
States,  aR<l  shall  transmit  to  the  President  of  the  Confederate 
States,  before  the  rc-assonbling  of  Congress,  through  the  gov- 
ernor of  said  state,  or  some  other  proper  organ,  aa  authentic 
copy  of  the  act  or  ordinance  of  said  convention  so  adopting 
and  ratifying  said  Provisional  Constitution;  upon  the  receipt 
whereof  the  President,  by  proclamation,  shall  announce  the  fact ; 
whereupon,  and  without  any  furtlier  proceeding  on  the  part  of 
Congress,  the  ailmissiou  of  said  state  into  this  Confederacy, 
under  said  Constitution  for  the  Provisional  Government,  shall 
be  considered  as  complete,  and  the  laws  of  this  Confederacy 
shall  thereby  be  extended  ovei- said  state  as  fully  and  completely 
as  over  the  other  states  now  composing  the  same. 

Approved  May  17,  18G1. 


No.  137.]  A  RESOLUTION 

In  relation  to  Imports  from  the  States  of  Virginia,  North 
Carolina,  Tennessee,  and  Arkansas. 

Resolved,  That  all  imports  from  the  states  of  Virginia,  North 
Carolina,  Tennessee,  and  Arkansas,  be  exempted  from  the  pay- 
ment of  duties;  and  that  this  exemption  extend  to  imports  from 
the  said  states  now  in  warehouse. 

Approved  May  17,  1861. 


30 
Xo.  138.]  AX  ACT 

To  admit  the  State  of  Tennessee  into  the  Confedei'acy,  oti  3,  cer- 
tain condition 

The  State  of  Tennessee  having  adopted  measures  looking  to 
an  early  Avithdrawal  from  the  United  States,  and  to  becoming, 
in  the  future,  a  member  of  this  Confederacy,  which  measures 
may  not  be  consummated  before  the  approaching  recess  of 
Congress :  Therefore, 

The  Congress  of  the  Confederate  States  of  America  do  enact f 
That  the  State  of  Tennessee  shall  be  admitted  a  member  of  the 
Confederate  States  of  America,  upon  an  equal  footing  with  the 
other  states,  iinder  the  Constitution  for  the  Provisional  Gov- 
ernment  of  the  same :  upon  the  condition  that  the  said  Constitu- 
tion for  the  Provisional  Government  of  the  Confederate  States 
shall  be  adopted  and  ratified  by  the  properly  and  legally  consti- 
tuted authorities  of  said  state  ;  and  the  Governor  of  said  state 
shall  transmit  to  the  President  of  the  Confederate  States,  before 
the  re-assembling  of  Congress,  after  the  recess  aforesaid,  an 
authentic  copy  of  the  proceedings  touching  said  adoption  and 
ratification  by  said  state  of  said  Provisional  Constitution  ;  upon 
the  receipt  whereof  the  President,  by  proclamation,  shall  an- 
nounce the  fact ;  whereupon,  and  without  any  further  proceed- 
ing on  the  part  of  Congress,  the  admission  of  said  State  of  Ten- 
nessee into  the  Confederacy,  under  said  Constitution  for  the 
Provisional  Government  of  the  Confederate  States,  shall  be  con- 
sidered as  complete ;  and  the  laws  of  this  Confederacy  shall  be 
thereby  extended  over  said  State,  as  fully  and  completely  as 
over  the  other  States  now  composing  the  same. 

Approved  May  IV,  1861. 


Xo.  139.]  AX  ACT 

To  authorize  the  extension  of  the  Mail  Service  of  the  Confeder- 
ate States  in  certain  cases  and  upon  certain  conditions. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact,  That  the  Postmaster  General  be  and  he  i» 
hereby  authorized  to  extend  the  mail  service  of  the  Confedel'ate 
Stat.es  over  all  such  states  and  territories  as  shall,  by  their  legis- 
lative  or  executive  authority,  request  the  same  to  be  done,  be- 


37 

twcen  this  and  the  meethigof  the  next  session  of  the  Congress; 
and  that  this  act  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  May  20,  1861. 


No.  140.]  AN  ACT 

To  establish   a  Mail  Route  from  Yermillionvillo,  in  the  State  of 

Louisiana,  to   Orange,  in   the   State  of  Texas,  and  for  other 

purposes, 

Skction  1.  Tlw  Coiigrei^s  of  the  Confederate  Slates  of 
America  do  enact^  That  the  following  mail  route  be  and  the 
same  is  hereby  established,  to-wit :  From  Vcnnillionville,  in  the 
State  of  Louisiana,  to  Orange,  in  the  State  of  Texas. 

Skc.  2.  And  he  it  further  enacted^  That  the  Postmaster 
■General  be  and  he  is  hereby  autliorized  to  make  the  first  con- 
tract for  carrying  the  mail  over  said  route  without  the  necessity 
of  advertising  for  bids  for  said- contract,  as  required  by  existing 
law ;  and  that  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Appkoved  May  17,1861. 


No.  141.]  AN  ACT 

To  provide  an  Additional  Company  of  Sappers  and  Bombardiers 
for  the  Anny. 

Section"  1 .  The  Congress  of  the  Confederate  States  of 
America  do  cnact^  That  there  be  added  to  the  military  estab- 
lishment of  the  Confederate  States  one  company  of  sai)pers  and 
bombardiers,  to  consist  of  one  captain,  two  first  lieutenants, 
one  second  lieutenant,  ten  sergeants  or  master-workmen,  ten 
corporals  or  overseers,  two  musicians,  thirty-nine  privates  of  the 
first  class,  and  thirty-nine  privates  of  the  second  class,  who  shall 
be  instructed  in  and  perform  all  the  duties  of  sappers  and  bom- 
bardiers, and  shall,  moreover,  uiuler  the  orders  of  the  chief 
engineer,  be  liable  to  serve  by  detachments  in  overseeing  and 
aiding  laborers  upon  fortifications  or  other  works  under  the 
engineer  department,  and  iu  supervising  finished  fortificatioQS, 
as  fort-keepers,  preventing  injury  and  making  repairs. 


Sec.  2.  That  it  shall  be  the  duty  of  the  colonel  of  the 
engineer  corps,  subject  to  the  approval  of  the  Secretary  of  War, 
to  prescribe  the  number,  quantity,  form,  dimensions,  &c.,  of  the 
necessary  vehicles,  arms,  pontons,  tools,  implements,  and  othex* 
supplies  for  the  service  of  said  company  as  a  body  of  sappers 
and  bombardiers. 

Sec.  3.  That  the  monthly  pay  of  the  captain  of  said  com- 
pany shall  be  one  himdred  and  forty  dollars  ;  of  each  first  lieu- 
tenant, one  hundred  dollars ;  of  the  second  lieutenant,  ninety 
dollars ;  of  the  sergeants,  thirty-four  dollars ;  of  the  corporals, 
twenty  dollars;  of  the  musicians,  thirteen  dollars;  of  the  first 
class  privates,  seventeen  dollars  ;  and  of  the  second  class  pri- 
vates, thirteen  dollars.  And  the  said  commissioned  officers 
shall  be  entitled  to  the  same  allowances  as  all  other  commissioned 
officers  of  the  army,  and  the  same  right  to  draw  forage  for 
horses  as  is  accorded  to  officers  of  like  rank  in  the  engineer 
corps.;  and  the  enlisted  men  shall  receive  the  same  rations  and 
allowances  as  are  granted  to  all  other  enlisted  men  in  the  army. 

Approved  May  IV,  1861. 


No.  142.]  AN  ACT 

To  admit  the  State  of  Arkansas  into  the  Confederacy. 

The  people  of  the  State  of  Arkansas,  in  sovereign  conven- 
tion, having  passed  an  ordinance  dissolving  their  political  con- 
nection with  the  United  States,  and  another  ordinance  adopting 
and  ratifying  the  Constitution  for  the  Provisional  Government 
of  the  Confederate  States  of  America :  Therefore, 

The  Cong;  ess  of  the  Confederate  States  of  America  do  enact. 
That  the  State  of  Arkansas  be  aijd  is  hereby  admitted  into  this 
Confederacy,  upon  an  equal  footing  with  the  other  States,  under 
the  Constitution  for  the  Provisional  Government  of  the  same. 

Appkoved  May  20,  1861. 


39 

No.  145.]  AN  ACT 

Amendatory  of  an  Act  to  provide  for  tlie  organization  of  the 

Navy. 

Section  1.  The  Congress  of  the  Covfederate  f^Uttes  of 
America  do  enact,  That  from  and  after  the  passage  of  this  act, 
the  corps  of  marines  shall  consist  of  one  colonel,  one  lientietiant 
colonel,  one  major,  one  quartermaster  with  the  rank  of  major, 
one  payma.ster  with  the  rank  of  major,  one  adjutant  with  the 
rank  of  major,  one  sergeant  major,  one  quartermaster  sergeant, 
ten  captains,  ten  first  lieutenants,  tweiity  second  lieutenants, 
forty  sergeants,  forty  corporals,  and  eight  hundred  artd  forty 
privates,  ten  drummers  and  ten  fifers  and  two  musicians. 

Seu.  2.  The  pay  and  emoluments  of  tlie  officers  and  enlisted 
men  slnJl  be  the  same  as  that  of  the  officers  and  enlisted  men  of 
'  like  grade  iu  the  infantry  of  the  army,  except  that  the  pay- 
master and  the  adjutant  shall  receive  the  same  pay  as  the  quar- 
termaster, and  the  ailjutant  shall  be  taken  from  the  captains  and 
subalterns  of  the  corjjs  and  separated  from  the  line.  The  rations 
of  enlisted  marines  shall  be  the  rations  allowed  by  law  to  sea- 
men. All  acts  inconsistent  with  the  the  provisions  of  this  act 
are  hereby  repealed. 

Approveo  jNIay  20,  1861. 


No.  140.]  AX  ACT 

To  amend  an  Act  to  provide  for  the  organization  of  the  Navy, 
approved  March  sixteenth,  eighteen  hundred  and  sixty-one. 

■  Sectiox  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact,  That  the  President  be  and  he  is  hereby 
authorized  to  nominate,  and  by  and  with  the  advice  and  con- 
sent of  Congress  to  appoint,  all  officers  of  the  navy  of  the 
United  States,  who  have  resigned  or  may  hereafter  resign  their 
commissions  on  account  of  the  secpssion  of  any  or  all  of  the 
Confederate  States,  and  wl^io  may  be  fit  for  active  service,  to  the 
same  rank  and  position  in  the  navy  of  the  Confederate  States 
which  they  held  in  that  of  the  United  States :  Provided,  how- 
ever, That  no  officer  shall  be  so  appointed  who  may  at  any  time 
have  committed  any  act  of  ho.stility  against  the  Confederate 
States  or  any  one  thereof.  • . 


40 

Sec.  2.  That  the  President  bo  authorized  to  assig-n  officei's 
of  the  navy  to  any  duty  connected  with  the  defence  of  the 
country,  and  suitable  to  their  rank,  which  he  may  deem  proper. 

Sec.  3.  That  the  President  be  authorized  to  appoint  six 
assistant  paymasters  of  the  navy,  each  to  receive  a  salary  of  one 
thousand  dollars  when  employed  at  sea,  and  seven  hundred 
dollars  when  not  thus  employed ;  and  all  paymasters  of  the 
navy  shall' be  taken  from  the  grade  of  assistant  paymasters. 

Approved  May  20,  1861. 


No.  I4r.]  AN  ACT 

To  establish  a  separate  Port  of  Entry  at  Sabine  Pass,  in  the 
County  of  Jefferson,  in  the  State  of  Texas,  and  to  provide  for 
the  appointment  of  a  Collector  therein. 

Section  1.  The  Congress  of  the  Confederate  Sates  of 
Ameriea  do  enacty  That  all  that  part  of  the  collection  district 
for  the  District  of  Texas  included  in  the  county  of  Jefferson  in 
the  State  of  Texas,  embracing  all  the  waters,  islands,  bays,  har- 
bors, inlets,  shores  and  rivers  in  the  same,  shall  be  a  collection 
district,  to  be  called  the  District  of  Sabine  Pass,  and  Sabine 
Pass  shall  be  the  port  of  entry  for  said  district. 

Sec.  2.  A  collector  for  the  said  district  of  Sabine  Pass  shall 
be  appointed  by  the  President,  with  the  advice  and  consent  ol 
Congress,  who  shall  reside  at  Sabine  Pass,  and  hold  his  office 
for  the  terms  and  the  time  prescribed  by  law  for  the  like  office 
in  other  districts,  and  who  shall  be  entitled  to  a  salary  not 
exceeding-  seventeen  hundred  and  fifty  dollars  per  annum, 
including  in  that  sura  the  fees  allowed  by  law ;  and  the  amount 
he  shall  collect  in  any  one  year  for  fees,  exceeding  the  said  sum 
of  seventeen  hundred  and  fifty  dollars,  shall  be  accounted  for 
and  paid  into  the  treasury  of  the  Confederate  States  of  America. 

Sec.  3.  That  all  laws  and  parts  of  laws  now  in  force,  contra- 
vening the  provisions  of  this  act,  be  and  the  same  are  hereby 
repealed,  and  that  this  act  take  eliect  from  and  after  its  passage. 

Approved  May  21,  1861. 


^ 


No.  148.]  AN  ACT 

To  put  in  o])eration  the  Government  under  the  Permanent  Con- 
stitution of  the  Confederate  States  of  America. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact.  That  an  election  shall  be  held  in  the  several 
states  of  this  Confederacy,  on  the  first  Wednesday  in  Novem- 
ber, eighteen  hundred  and  sixty-one,  for  members  of  the  House 
of  Representatives  in  the  Congress  of  the  Confederate  States 
under  the  permanent  constitution,  which  election  shall  be  con- 
ducted in  all  respects  according  to  said  Constitution  and  the 
laws  of  the  several  states  in  force  for  that  purpose ;  and  in 
states  which  may  not  have  provided  by  law  for  such  election, 
according  to  the  laws  heretofore  existing  in  such  states  for  the 
election  of  members  of  the  House  of  Representatives  in  the 
Congress  of  the  United  States.  And  on  the  same  day  the  sev- 
eral states  shall  elect  or  api)oint  Electors  for  President  and  Vice 
President  of  the  Confederate  States  of  America,  according  to 
said  Constitution,  and  in  the  manner  prescribed  by  the  laws  of 
the  several  States  made  for  that  purpose ;  and  in  states  where 
no  such  laws  may  exist,  according  to  the  laws  heretofore  in 
force  in  such  states  for  the  election  or  appointment  of  Electors 
for  President  and  Vice  President  of  the  United  States. 

Sec.  2.  The  Electors  for  President  and  Vice  President  shall 
meet  in  their  respective  states  on  the  first  "Wednesday  in  De- 
cember, eighteen  hundred  and  sixty-one,  and  proceed  to  vote 
for  President  and  Vice  President,  and  make  out  lists,  certify  the 
same,  and  forward  the  same  to  the  President  of  the  Senate ;  all 
as  directed  by  the  said  Constitution  in  that  behalf. 

Sec.  3.  The  members  of  the  House  of  Representatives  so 
elected,  and  the  Senators  who  may  be  elected  by  the  several 
states  according  to  the  provisions  of  said  Constitution,  shall 
assemble  at  the  seat  of  government  of  the  Confederate  States* 
on  the  eighteenth  day  of  February,  eighteen  hundred  and  sixty- 
two  ;  and  the  said  members  of  the  House  of  Representatives 
shall  proceed  to  organize  by  the  election  of  a  Speaker,  and  the 
Senators  by  the  election  of  a  President  of  the  Senate  for  the 
time  being ;  and  the  President  of  the  Senate  shall,  on  the  nine- 
teenth day  of  February,  eighteen  hundred  and  sixty-two,  open 
all  the  certificates;  and  the  votes  for  President  and  Vice  Pres-' 
ident  shall  then  be  counted,  as  directed  by  said  Constitution. 


»< 


42* 

Sec.  4.  The  President  of  the  Confederate  States  shall  be 
inaugurated  on  the  twenty-second  day  of  February,  eighteen 
hundred  and  sixty-two. 

Sec.  5.  Jje  it  further  enacted,  That  in  case  the  State  of 
Virginia  shall  adopt  and  ratify  the  Constitution  for  the  perma- 
nent government  of  the  Confederate  States  of  America  before 
the  elections  in  this  act  provided  for,  she  shall  be  entitled  to 
elect  sixteen  members  to  the  House  of  Representatives ;  and 
the  State  of  North  Carolina,  in  like  case,  ten  members ;  the 
State  of  Tennessee,  in  like  case,  eleven ;  and  the  State  of  Ar- 
kansas, in  like  case,  four  members;  the  same  being  upon  the 
basis  of  one  member  for  every  ninety  thousand  representative 
jDopulation,  and  one  additional  member  ifor  a  fraction  over  one- 
half  of  the  ratio  aforesaid,  in  each  of  said  states,  under  the  cen- 
sus of  the  United  States  taken  in  eighteen  hiindred  and  sixty, 
and  being  the  same  basis  of  representation  fixed  for  the  seven 
original  states  in  said  Constitution  for  permanent  government. 

Sec.  6.  JBe  it  further  enacted,  That  the  same  rules  and  prin- 
ciples shall  be  observed  as  to  the  number  of  Presidential  Elect- 
ors in  the  states  aforesaid  as  in  the  other  seven  original  states. 

Approved   May  21,  1861. 


No.  149.]  AN  ACT 

Making  Appropriations  in  addition  to  those  already'-  made  for 
the  Military  Service  of  tlie  Confederate  States  of  America, 
for  the  fiscal  year  ending  the  eighteenth  day  of  February,  one 
thousand  eight  hundred  and  sixty-two. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact,  That  there  be  appropriated  for  the  pay  of 
the  ofiicers  and  privates  of  one  hundred  regiments  of  infantry, 
and  for  quartermaster's  supplies  of  all  kinds  for  the  same,  and 
transportation,  including  horses,  wagons,  harness,  ambulances 
and  other  necessary  expenses,  for  the  fiscal  year  ending  the 
eighteenth  of  February,  one  thousand  eight  hundred  and  sixty- 
two,  twenty-seven  millions  nine  hundred  and  thirty-two  thou- 
sand four  hundred  and  ninety-three  dollars  and  twelve  cents. 

Sec.  2.  That  there  be  appropriated  for  the  pay,  quartermas- 
ter's supplies  of  all  kinds,  transportation  and  other  necessary 


43 

expenses  for  one  regiment  of  legionary  formation,  composed  of 
one  company  of  artillery,  four  companies  of  cavalry,  and  six 
companies  ol  voltigeurs,  five  hundred  and  fifty  thousand  four 
hundred  and  eighty-five  dollars. 

^  Sec  3.  That  there  be  appropriated  for  the  purchase  of  sub- 
sistence stores  and  commissary  property  for  one  hundred  thou- 
sand troops,  for  the  fiscal  year  ending  the  eighteenth  of  Febru- 
ary, one  thousand  eight  hundred  and  sixty-two,  five  millions 
four  hundred  and  sixty-four  thousand  two  hundred  and  -fifty- 
eiglit  dollars  and  eighty  cents. 

Sec.  4.  That  there  be  appropriated  for  the  ordnance  service, 
for  the  fiscal  year  ending  the  eighteenth  of  February,  one  thou- 
sand eight  hundred  and  sixty-two— for  the  preservation  of  public 
buildings,  quarters,  barracks,  &c.,  at  the  arsenals,  armories,  and 
depots;  for  the  repairs  and  preservation  of  ordnance  stores ;  for 
the  pay  of  clerks,  draughtsmen,  colorers,  superintendents,  over- 
seers, <fec.;  for  the  purchase  of  horses,  mules,  forage,  stationery, 
and  contingencies  of  ordnance  service;  for  the  purchase  of  heavy 
ordnance  and  carriages,  with  shot  and  shell  for  the  same;  for 
sixteen  field  batteries  of  six  pieces  each,  with  harness,  imple- 
ments and  ammunition  ;  for  fifty  thousand  stands  of  small  arms; 
for  five  thousand  pistols  and  holsters;  for  sabres,  swords,  car- 
bines and  pistols ;  for  five  thousand  sets  of  cavalry  equipments ; 
for  five  thousand  sets  of  cavalry  accoutrements;  for  one  hundred 
thousand  sets  infantry  accoutrements,  knapsacks,  haversacks  and 
canteens;  for  two  and  one-half  million  pounds  powder;  for 
materials  for  the  same;  for  lead,  copper,  and  materials  for  per- 
cussion caps  and  for  friction  tubes  ;  for  additional  shops  and 
storehouses  at  Mount  Vernon  Arsenal,  Alabama,  and  Augusta 
Arsenal,  Georgia ;  for  machinery,  steam  engine  and  tools ;  for 
cai)  juachine ;  for  bullet  machine ;  for  repairs  of  buildings  and 
machines  at  Harper's  Ferry— four  millions  four  hundred  and 
forty  thousand  dollars. 

Sec.  5.  That  there  be  appropriated  for  medical  and  hospital 
supplies,  for  the  year  ending  eighteenth  of  February,  one  thou- 
sand eight  hundred  and  sixty-two,  the  sum  of  three  hundred 
and  fifty  thousand  dollars. 

Sec.  6.  That  there  be  appropriated  for  the  contingent  ser- 
vice of  the  War  Department,  for  the  year  ending  the  eighteenth 
of  February,  one  thousand  eight  hundred  and  sixty-two,  the 
sum  of  three  hundred  thousand  dollars. 


^' 


I 
I 


\ 

V 


44 

Sec.  1.  That  there  be  appropriated  for  contingent  expenses 
of  the  Adjutant  and  Inspector  General's  Department,  inchiding 
office  furniture,  stationery,  printed  blanks  for  the  use  of  the 
army,  record  books,  postage,  telegraphic  despatches,  &c.,  for 
the  year  ending  the  eighteenth  February,  one  thousand  eight 
hundred  and  sixty-two,  the  sum  of  eight  thousand  dollars. 

Sec.  8.  That  there  be  appropriated  for  the  pay  of  surgeons, 
assistant  surgeons,  and  chaplains,  for  the  year  ending  the  eight- 
eenth day  of  February,  one  thousand  eight  hundred  and  sixty- 
two,  the  sum  of  three  hundred  and  twenty-nine  thousand  nine 
hundred  and  one  dollars. 

Appkoved  May  21,  1861. 


i 


No.  150.]  AN"  ACT 

To  amend  an  act  relative  to  Telegraphic  Lines  of  the  Confed- 
erate States,  approved  May  eleventh,  one  thousand  eight  hun- 
dred and  sixty-one. 

Sectio^st  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact,  That  the  sixth  section  of  the  "act  relative  to 
telegraph  lines  of  the  Confederate  States"  be  and  the  same  is 
hereby  so  amended  as  to  authorize  the  President  to  allow  such 
compensation  as  may  be  reasonable  and  proj)er,  in  addition  to 
what  may  be  allowed  by  the  telegraph  companies,  to  such  of  the 
agents  of  said  companies  as  he  may  charge  with  special  and  im- 
portant duties,  where  such  agents  are  deemed  trustworthy  and 
acceptable  both  to  him  and  the  companies  concerned. 

Appkoved  May  21,  1861. 


No.  151.]  AN  ACT 

Making  appropriations  for  the  Legislative  and  Executive  expen- 
ses of  government  for  the  year  ending  eighteenth  of  Feb- 
ruary, eighteen  hundred  and  sixty-two. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact.  That  the  following  sums  be  and  the  same 
are  hereby  appropriated,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  for  the  objects  hereafter  expressed,  for 


46 

the  year  ending  the  eighteenth  of  February,  eighteen  hundred 
and  sixty-two  : 

Legislative — For  compensation  and  mileage  of  members  of 
Congress,  twenty-five  thousand  dollars.  For  compensation  of 
officers  of  Congress,  six  thousand  dollars.  For  contingent  ex- 
penses of  Congress,  including   printing,  live  thousand  dollars. 

Department  of  State — For  compensation  of  two  additional 
clerks,  two  thousand  dollars.  For  the  publication  and  printing 
of  acts  and  resolutions  of  Congress,  twenty-two  thousand  five 
hundred  dollars.  For  necessities  and  exigencies  under  laws 
already  passed,  or  which  may  be  passed,  or  from  causes  which 
'  now  exist  or  may  hereafter  arise,  and  unforeseen  emergencies, 
forty  thousand  dollars — to  replace  same  amount  in  State  Depart- 
"    ment. 

Treasury  Department — For  this  amount  to  pay  interest  on 
loan  of  February  28,  1861,  five  hundred  thousand  dollars.  For 
additional  expenses  under  the  act  "to  raise  money  for  the  sup- 
port of  the  government  and  to  provide  for  the  defence  of  the 
C(mfederate  States  of  America,"  approved  February  28,  1861, 
thirty  thousand  dollars.  For  incidental  and  contingent  expen- 
ses of  the  Treasury  Department,  twenty  thousand  dollars. 

MisceUaneous—Yox  compensation  of  two  watchmen  to  guard 
the  executive  buildings,  at  four  hundred  dollars  each,  and  for 
lighting  the  same,  sixteen  h\mdred  dollars.  For  rent  of  execu- 
tive building  corner  of  Bibb  and  Commerce  streets,  three  thou- 
sand dollars.  For  rent  of  executive  building  on  Bibb  street, 
between  Coosa  and  Commerce  streets,  two  thousand  dollars. 
For  rent  of  building  of  Noble  &  Brother  and  others,  three 
thousand  dollars.  For  furniture  for  executive  mansion,  nine 
hundred  and  eighty-seven  dollars  and  fifty-eight  cents.  For  fur- 
niture of  executive  offices  and  halls,  six  hundred  and  tAventy- 
seven  dollars  and  twenty-one  cents.  For  work  done  on  execu- 
^tive  buildings  by  order  of  committee  of  C6ngress,  six  hundred 
and  thirty-five  dollars  and  fifty-two  cents. 

Approved  May  21,  18G1. 


1 

\ 


J 


46 

Xo.  152.]  AN  ACT 

To  provide  for  certain  Deficiencies  in  the  Appropi-iations  for  the 
Post-Office  Department  for  the  year  ending  February  18, 1862. 

Section"  1.  The  Coyigress  of  the  Confederate  States  of 
America  ^o  enacf,  That  the  following  sums  shall  be  and  arc 
hereby  appropriated,  out  of  any  money  in  the  treasury  not  oth- 
erwise appropriated,  for  the  service  of  the  Post-Office  Depart- 
ment for  the  year  ending  February  18th,  1862  :  For  increased 
compensation  of  the  chiefs  of  the  contract,  appointment  and 
finance  bureaus,  one  thousaud  one  hundred  and  six  dollars  and 
one  cent.  For  compensation  of  disbursing  clerk,  one  hundred 
and  forty-seven  dollars  and  forty-seven  cents.  For  compensa- 
tion of  watchmen,  three  hundred  and  sixty-eight  dollars  and 
sixty-seven  cents.  For  comjDensation  of  four  principal  clerks, 
at  fourteen  hundred  dollars  each,  four  thousand  and  thirty-six 
dollars  and  eighty  cents.  For  compensation  of  ten  clerks,  at 
twelve  hundred  dollars  each,  eight  thousand  seven  hundred  and 
forty-nine  dollars  and  twenty  cents.  For  compensation  of  four 
clerks  at  one  thousand  dollars,  tY,'o  thousand  nine  hundred  and 
sixteen  dollars  and  forty  cents.  To  supply  deficiency  in  the  ap- 
propriation for  the  compensation  of  the  Postmaster  General, 
clerks  and   messengers  in  his  offijce,  made  by  the  act  approved 

i  9th  day  of  March,  1861,  and  entitled  "an  act  further  to  provide 

r  for  the  organization  of  the  Post-Office  Department,"  ten  thou- 

sand dollars.     For  the  compensation  of  agents,  and  for  cost  of 

\  materials,  and  constructing,  repairing,  and  operating  telegraph 

lines,  and  for  other  expenses  which  may  be  incurred  under  said 

^  act,  thirty  thousand  dollars :  Provided,  That  the   Postmaster 

General  is   hereby  authorized,  with  the  approval  of  the  Presi- 

"t  dent,  to  employ  officers  of  the  telegraph  companies  as  agents  to 

perform  the  services  specified  in  the  act  entitled  "an  act  relative 
to  telegraph  lines  of  the  Confederate  States,"  approved  11th 
day  of  May,  1861.  But  the  compensation  alloAved  to  such 
agents  shall  in  no  case  exceed  that  provided  for  other  agents  by 
said  act,  and  shall  be  fixed  by  the  Postmaster  General,  with  the 
approbation  of  the  President. 
Appkoyed  May  21,  1861. 


.k 


47 

No.  153.]  AN  ACT 

Concerning  the  tvansportMtion  of  Soldiers  and  allowance  for 
Clothing  of  Volunteers,  and  amendatory  of  the  Act  for  the 
establishment  and  organization  of  the  Army  of  the  Confederate 
States, 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact^  When  transportation  cannot  be  furnished  in 
kind,  the  discharged  soldier  shall  be  entitled  to  receive  ten 
cents  per  mile  in  lieu  of  all  traveling  pay,  subsistence,  forage, 
and  undrawn  clothing,  from  the  place  of  discharge  to  the  place 
of  his  enlistment  or  enrollment,  estimating  the  distance  by  the 
shortest  mail  route,  and  if  there  is  no  mail  route,  by  the  short, 
est  practicable  route.  The  foregoing  to  apply  to  ail  officers^ 
non-commissioned  ofhcers,  musicians,  artificers,  farriers,  black- 
smiths and  privates  of  volunteers,  when  disbanded,  discharged 
or  mustered  out  of  service  of  the  Confederate  States  ;  and  it 
shall  also  apply  to  all  volunteer  troops,  as  above  designated,  when 
traveling  from  the  place  of  enrollment  to  the  place  of  general 
rendezvous  or  point  where  mustered  into  service :  Provided^ 
That  nothing  herein  contained  shall  be  so  construed  as  to  de- 
prive the  mounted  volunteers  of  the  allowance  of  forty  cents  a 
day  for  the  use  and  risk  of  his  horse,  which  allowance  is  made 
from  the  date  of  his  enrollment  to  the  date  of  his  discharge, 
and  also  for  every  twenty  miles  travel  from  the  place  of  his  dis. 
charge  to  the  place  of  his  enrollment. 

Sec.  2.  That  the  fourth  section  of  the  act  of  March  6, 1861, 
"To  provide  for  the  public  defence,"  be  amended  as  follows, 
viz :  There  shall  be  allowed  to  each  volunteer,  to  be  paid  to  hira 
on  the  first  muster  and  pay  rolls  after  being  received  and  mus- 
tered into  the  service  of  the  Confederate  States,  the  sum  of 
twenty-one  dollars,  in  lieu  of  clothing  for  six  months ;  and 
thereafter  the  same  allowance  in  money  at  every  subsequent 
period  of  service  for  six  months  in  lieu  of  clothing :  Provided^ 
That  the  price  of  all  clothing  in  kind  received  by  said  volunteers 
from  the  Confederate  States  government  shall  be  deducted 
first  from  the  money  thus  allowed  ;  and  if  that  sum  be  not  suf- 
ficient, the  balance  shall  be  charged  for  stoppage  on  the  muster 
and  pay  rolls  ;  and  that  all  accounts  arising  from  contracts,  agree- 
ments, or  arrangements  for  furnishing  clothing  to  volunteers,  to 


1  % 


4B 

be  duly  certified- by  the  company  commander,  shall  be  paid  out 
of  the  said  semi-annual  allowance  of  money. 

Sec.  3.  That  the  twenty-first  section  of  the  act  for  the  or- 
ganization of  the  army  of  the  Confederate  States  be  so  amended 
as'to  allow  to  aids-de-camp  and  to  adjutants  forage  for  the  same 
number  of  horses  as  allowed  to  officers  of  the  same  grade  in  the 
mounted  service. 

Approved  May  21,  1861. 


m.  154.]  AK  ACT 

To  be  entitled  an  Act  to  amend  "An  Act  to  raise  an  additional 
Military  Force  to  serve  during  the  War." 

SiscTioN  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact^  That  so  much  of  the  second  section  of  the 
act  entitled  an  act  to  raise  an  additional  military  force  to  serve 
during  the  war,  passed  May  eighth,  eighteen  hundred  and  sixty- 
one,  be  so  amended  as  to  authorize  the  President,  on  the  appli- 
cation of  any  commanding  officer  of  a  regiment  or  battalion 
authorized  by  said  act,  to  assign  a  subaltern  of  the  line  of  the 
army  to  the  duties  of  adjutant  of  said  regiment  or  battalion. 

Appeoved  May  21,  1861. 


No.  155.]  AN"  ACT 

To  authorize  the  President  to  confer  temporary  rank  and  com- 
mand, for  service  with  volunteer  troops,  on  Officers  of  the 
Confederate  army. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact^  That  the  President  shall  be  authorized  to 
confer  temporary  rank  and  command,  for  service  with  volunteer 
troops,  on  officers  of  the  Confederate  army ;  the  same  to  be  held 
without  prejudice  to  their  positions  in  said  army,  and  to  have 
effect  only  to  the  extent  and  according  to  the  assignment  made 
in  general  order. 

Appkoved  May  21,  1861. 


49 

No.  156.]  AN  ACT 

To  provide  for  tlie  Incidental  Expenses  of  the  Public  Service 
within  the  Indian  tribes. 

The  Congress  of  the  Confederate  States  do  enact,  That  the 
sum  of  cue  hundred  thousand  dollars  be  and  the  same  is  hereby 
appropriated,  out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  to  meet  the  incidental  expenses  of  the  public  ser- 
vice within  the  Indian  tribes,  for  the  year  ending  February  the 
eighteenth,  eighteen  hundred  and  sixty -two.  But  a  particular 
and  specific  account  of  the  expenditures  under  this  act  shall  be 
made  and  reported  to  Congress  at  its  next  session  after  the  ex. 
piration  of  the  period  herein  named. 

Approved  May  21,  1861. 


No.  158.]  A  RESOLUTION 

In  relation  to  certain  Accounts. 

Hesolred  by  the  Cot^gress  of  the  Confederate  /States  of 
America,  That  the  Secretary  of  the  Treasury  be  authorized  to 
pay,  out  of  the  contingent  fund  of  the  Treasury  Department,  all 
accounts  contracted  for  work  done  or  furniture  provided  for 
the  use  of  the  executive  office,  or  in  the  executive  buildings, 
not  properly  chargeable  to  the  contingent  fund  of  either  of  the 
other  departments. 

Appkoved  May  21,  1861. 


No.  159.]  AN  ACT 

To  divide  the  State  of  Texas  into  two  Judicial  Districts,  and  to 
provide  for  the  appointment  of  Judges  and  officers  in  the 
same. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact.  That  the  state  of  Texas  be  and  the  same  is 
hereby  divided  into  two  judicial  districts,  in  the  following 
manner,  to- wit :  all  the  territory  of  the  State  of  Texas  within 
and  west  of  the  following  named  counties  shall  compose  one 
district,  to  be  called  the  Western  District,  to-wit :  INIatagorda, 
.  Wharton,   Colorado,   Fayette,   Washington,   Burleson,   Milan, 


50 

Falls,  McLellan,  Hill,  Johnson,  Tarrant,  Wise,  Montague  ;  and 
all  the  territory  east  of  said  counties  shall  constitute  the  East- 
ern District  of  Texas. 

Sec.  2,  There  shall  be  appointed  a  judge  and  marshal  for  said 
Western  District.  The  said  judge  shall  hold  two  terms  each 
year  of  said  court,  at  the  city  of  Austin,  and  at  Brownsville,  in 
the  county  of  Cameron,  at  the  times  prescribed  by  the  laws  of 
the  United  States  for  the  holding  of  the  district  courts  of  the 
United  States,  at  said  places. 

Sec.  3.  All  the  laws  of  the  United  States  relative  to  the 
district  coui'ts  of  Texas,  and  the  powers  and  jurisdiction  of  the 
same,  so  far  as  they  are  consistent  with  the  constitution  and  the 
laws  of  the  Confederate  States,  are  hereby  re-enacted  and  con- 
tinued in  full  force. 

Approved  May  21,  1861. 


No.  162.]  AN  ACT 

To  provide  Revenue  from  Commodities  Imported  from  Foreign 

Countries, 

Section  1.  2^he  Congress  of  the  Confederate  /States  of 
America  do  enact,  That  from  and  after  the  31st  day  of  August 
next,  a  duty  shall  be  imposed  on  all  goods,  products,  wares  and 
merchandise  imported  from  abroad  into  the  Confederate  States 
of  America,  as  follows  : 

On  all  articles  enumerated  in  schedule  A,  an  ad  valorem  duty 
of  twenty-five  per  centum.  On  all  articles  enumerated  in  sched- 
ule B,  an  ad  valorem  duty  of  twenty  per  centum.  On  all  arti- 
cles enumerated  in  schedule  C,  an  ad  valorem  duty  of  fifteen 
per  centum.  On  all  articles  enumerated  in  schedule  D,  an  ad 
valorem  duty  often  per  centum.  On  all  articles  enumerated  in 
schedule  E,  an  ad  valorem  duty  of  five  per  centum.  And  that 
all  articles  enumerated  in  schedule  F,  a  specific  duty  as  therein 
named.  And  that  all  articles  enumerated  in  schedule  G  shall 
be  exempt  from  duty,  to-wit : 

Schedule  A,  (twenty-five  per  centum  ad  valorem.) 

Alabaster  and  spar  ornaments ;  anchovies,  sardines  and  all 
other  fish  preserved  in  oil. 

Brandy  and  other  spirits  distilled  from  grain  or  other  materi- 


51 

als,  not  otherwise  provided  for ;  billiard  and  bagatelle  tables, 
and  all  other  tables  or  boards  on  which  games  are  played. 

Composition  tops  for  tables,  or  other  ai'ticles  of  furniture ; 
confectionary,  comfits,  sweetmeats,  or  fruits  preserved  in  sugar, 
molasses,  brandy  or  other  liquors ;  cordials,  absynthe,  arrack, 
curacoa,  kirschenwesscr,  liqucrs,  maraschino,  ratafia,  and  all 
other  spirituous  beverages  of  a  similar  character. 

Glass,  cut. 

Manufactures  of  cedar-wood,  granadilla,  ebony,  mahogany, 
rosewood  and  satin-wood. 

Scagliola  tops,  for  tables  or  other  articles  of  furniture  ;  segars, 
snuff,  paper  segars,  and  all  other  manufactures  of  tobacco. 

Wines — Burgundy,  champagne,  clarets,  madeira,  port,  sherry, 
and  all  other  wines  or  imitations  of  Avines. 

Schedule  15,  (twenty  per  centum  ad  valorem.) 

Almonds,  raisins,  currants,  dates,  figs,  and  all  other  dried  or 
preserved  fruits,  not  otherwise  provided  for ;  argentine,  alabata, 
or  German  silver,  manufactured  or  unmanufactured  ;  articles 
embroidered  with  gold,  silver  or  other  metal,  not  otherwise 
provided  for.    " 

Balsams,  cosmetics,  essences,  extracts,  pastes,  perfumes  and 
tinctures,  used  for  the  toilet  or  for  medicinal  purposes  ;  bay  rmu, 
beads  of  amber,  composition  or  wax,  and  all  other  beads ; 
benzoates  ;  bracelets,  braids,  chains,  curls  or  ringlets  composed 
of  hair,  or  of  which  hair  is  a  component  part,  not  otherwise  pro- 
vided for ;  brooms  and  brushes  of  all  kinds. 

Camphor,  refined ;  canes  and  sticks,  for  walking,  finished  or 
unfinished ;  capers,  pickles,  and  sauces  of  all  kinds,  not  other- 
wise provided  for  ;  card  cases,  pocket-books,  shell  boxes,  souve- 
nirs, and  all  similar  articles,  of  Avhatever  material  composed,  not 
otherwise  provided  for ;  compositions  of  glass,  set  or  unset ; 
coral,  cut  or  manufactured. 

Feathers  and  flowers,  artificial  or  ornamental,  and  parts  there- 
of, of  whatever  material  composed;  fans  and  fire  screens  of  every 
description,  of  whatever  material  composed. 

Grapes,  plums,  and  prunes,  and  other  such  fruit,  when  put  up 
in  bottles,  cases,  or  cans,  not  otherwise  provided  for. 

Hair,  human,  cleansed  or  prepared  for  use. 

Manufactures  of  gold,  platina  or  silver,  not  otherwise  pro- 
vided for ;  manufactures  of  papier  raache ;  molasses. 


52 

Paintings  on  glass ;  pepper,  pimento,  cloves,  tiutmegs,  ciuna' 
mon,  and  all  other  spices  ;  perfumes  and  perfumery,  of  all  sorts, 
not  otherwise  provided  for ;  plated  and  gilt  -ware  of  all  kinds, 
not  otherwise  provided  for ;  playing  cards  ;  prepared  Vegetables, 
fruits,  meats,  poultry  and  game,  sealed  or  enclosed  in  cans  or 
otherwise. 

Silver  plated  nietals,  in  sheets  or  other  form  5  soap,  castile, 
perfumed,  Windsor,  and  other  toilet  soaps  ;  sugar  of  all  kinds  ; 
syrup  of  sugar. 

Epaulettes,  galloons,  laces,  knots,  stars,  tassels,  tresses,  and 
wings  of  gold  or  silver,  or  imitations  thereof. 

Schedule  C.  (fifteen  per  cent-  ad  valorem.) 

Alum ;.  arrow-root  f  articles  of  clothing  or  apparel,  including' 
hats,,  caps,  gloves,  shoes  and  boots  of  all  kinds,  worn  by  men, 
women  or  children,-  of  whatever  material  composed,  not  other- 
yfi&e  provided  for. 

Baizes,  blankets,- bockings,.  flannels  and  floor-cloths,  of  what- 
ever miiterial  composed,  not  otherwise  provided  for ;  baskets, 
and  all  other  articles  composed  of  grass,  osier,  palm-leaf,  straw, 
whalebone  or  willow,  not  otherwise  provided  for ;  beer,  ale  and 
porter,  in  casks  or  bottles  ;  beeswax  ;  berries  and  vegetables  of 
all  sorts  used  for  food,  not  otherwise  provided  for ;  blue  or 
roman  vitriol,  or  sulphate  of  copper  ;  bologna  sausages  ',  braces, 
suspenders,  webbing,  or  other  fabrics-  composed  wholly  or  in 
part  of  Indian  rubber,  not  otherwise  pro>'ided  for ;  breeeia  ;  bur- 
gundy pitch ;  buttons  and  button  moulds  of  all  kinds. 

Cables  and  cordage,  of  whatever  m?iterial  made  ;  cadmium ; 
-calamine  ;  calomel  and  all  other  mercurial  preparations ;  carbon- 
.at^e   of  soda;  castor  beans;  castor  oil;  erandles    and   tapers  of 
-Spermaceti,  stearine,  parafine,  tallow  or  wax^  and  all  other  can- 
dles ;  caps,  hats,  muffs  and  tippets,  and  all  other  manufactures  of 
fur,  or  of  which  fur  shall  be   a   component  part ;  caps,  gloves, 
leggins,  mits,  socks,  stockings,  wove  shirts  and  drawers,  and  all 
similar  articles  Avoi'n  by  men,  women  and  children,  and  not  oth- 
erwise provided  for ;  carpets,  carpeting,  hearth-rugs,  bed-sides, 
and ,  ^ther  portions  of  carpeting,  being  either  Aubusswn,  Brus- 
sels, iiigrain,  Saxony,  Turkey,  Venetian,  Wilton,  or  any  other 
similar,  fabric,  not  otherwise  provided  for ;  carriages  and  parts 
of  carj'iages ;  castorum ;  chains,  of  all  sorts ;  cider   and   other 
;  beyeraggs  not  containing  alcohol,  and  not  othei'wise  provided 


53 

for  ;  chocolate  ;  chromate  of  lead  ;  chromate,  bi-chromate,  liy- 
driodate,  aud  prussiate  of  potash  ;  clocks  and  parts  of  clocks  ; 
coaoh  and  harness  furniture  of  all  kinds  ;  cobalt ;  combs  of  all 
kinds;  copper  bottoms;  copper  rods,  bolts,  nails,  and  sjtikes; 
copper  in  sheets  or  plates,  called  brazier's  copper,  and  other 
sheets  of  copper,  not  otherwise  provided  for;  copperas,  or  green 
vitroil,  or  sulphate  of  iron  ;  corks ;  cotton  cords,  gimps,  and 
galloons  ;  cotton  laces,  cotton  insertings,  cotton  trimming,  laces, 
cotton  laces  and  braids  ;  court  plaster  ;  coral,  manufactured ; 
crayons  of  all  kinds;  cubebs  ;  cutlery  of  all  kinds. 

Delaines  ;  dolls  and  toys  of  all  kinds ;  dried  pulp ;  drugs, 
medicinal. 

Earthen,  china,  and  stone  ware,  and  all  other  wares  composed 
of  earthy  and  mineral  substances  not  otherwise  provided  for  ; 
encaustic  tiles  ;  ether. 

Felsjjar;  fig-blue;  fire-crackers,  sky-rockets,  Roman  candles, 
aiid  all  similar  articles  used  in  pyrotechnics;  fish,  whether  fresh, 
smoked,  salted,  dried  or  pickled,  not  otherwise  provided  for ; 
fruits,  preserved  in  their  own  juice,  or  pie  fruits;  fish  glue,  or 
isinglass ;  fish  skins ;  flats,  braids,  plaits,  sparterre  and  willow 
squares,  used  for  making  hats  or  bonnets ;  floss  silks,  feather 
beds,  feathers  for  beds,  and  downs  of  all  kinds;  frames  and 
sticks  for  umbrellas,  parasols,  and  sunshades,  finished  or  unfin- 
ished; Frankford  black;  fulminates,  or  fulminating  powders; 
furniture,  cabinet  and  household,  not  otherwise  provided  for ; 
furs,  dressed  on  the  skin. 

Ginger,  dried,  green,  ripe,  ground,  preserved  or  pickled; 
glass,  colored,  stained  or  painted ;  glass,  wijidow  ;  glass  crys- 
tals for  watches ;  glasses  or  pebbles  for  spectacles ;  glass  tmn- 
blers,  plain,  moulded  and  pressed,  bottles,  flasks,  and  all  other 
vessels  of  glass  not  cut,  and  all  glass  not  otherwise  provided 
for;  glue;  grass  cloth;  green  turtle;  gum  benzoin  or  benjamin; 
guns,  except  muskets  and  rifles,  fire-arms,  and  h\\  parts  thereof 
not  intended  for  military  purposes ;  gunny  cloth  and  India  bag- 
gings, and  India  mattings  of  all  sorts,  not  otherwise  provided 
for. 

Hair  curled,  moss,  seaweed,  and  all  other  vegetable  substances 
used  for  beds  or  mattresses  ;  hair  i)encils;  hat  bodies  of  cotton 
or  wool ;  hats  and  bonnets,  for  men,  women  and  children,  com-, 
posed  of  straw,,  satin-straw,  chip,  grass,  palm-Icaf,  willow,  ov 
any  other  vegetable  substance,  or  of  hair,  whalebone,  or  othep 


54 

materials,  not  otherwise  provided  for ;  hatter's  phish,  of  what- 
ever material  composed ;  honey. 

Ink  and  ink  powder ;  ipecacuanha ;  iridium ;  iris  or  orris 
root ;  iron  castings  ;  iron  liquor  ;  iron  in  bars,  bolts,  rods,  slabs, 
and  railroad  rails,  spikes,  fishing  plates  and  chairs  used  in  con- 
structing railroads ;  ivory  black. 

Jalap  ;  japanned  ware  of  all  kinds  not  otherwise  provided  for; 
jet,  and  manufactures  of  jet,  and  imitations  thereof;  jewelry,  or 
imitations  thereof ;  juniper  berries. 

Laces  of  cotton,  of  thread,  or  other  materials  not  otherwise 
provided  for;  lampblack;  lastings,  cut  in  strips  or  other  pat- 
terns, of  the  size  or  shape  for  shoes,  boots,  bootees,  slippers, 
gaiters  or  buttons,  of  whatever  material  composed ;  lead  pen- 
cils ;  leaden  pipes ;  leather,  japanned ;  leeches ;  linens  of  all 
kinds ;  liquorice,  paste,  juice  or  root ;  litharge. 

Maccaroni,  vermicelli,  gelatine,  jellies,  and  all  other  similar 
preparations  not  otherwise  provided  for ;  machinery  of  every 
description  not  otherwise  provided  for ;  malt;  magnesia;  man- 
ganese ;  manna ;  manufactures  of  the  bark  of  the  cork  tree ; 
manufactures  of  silk;  manufactures  of  wool  of  all  kinds,  or 
worsted,  not  otherwise  provided  for;  manufactures  of  hair  of 
all  kinds  not  otherwise  provided  for;  manufactures  of  cotton  of 
all  kinds  not  otherwise  provided  for;  manufactures  of  flax  of  all 
kinds  not  otherwise  provided  for;  manufactures  of  hemp  of 
all  kinds  not  otherwise  provided  for ;  manufactures  of  bone, 
shell,  horn,  pearl,  ivory,  or  vegetable  ivory,  not  otherwise  pro- 
vided for ;  manufactures,  articles,  vessels  and  wares,  not  other- 
wise provided  for,  of  brass,  copper,  iron,  steel,  lead,  pewter,  tin, 
or  of  which  either  of  these  metals  shall  be  a  component  part 
manufactures,  articles,  vessels  and  wares  of  glass,  or  of  which 
glass  shall  be  a  component  material,  not  otherwise  jjrovided  for; 
manufactures  and  articles  of  leather,  or  of  which  leather  shall 
be  a  component  part,  not  otherwise  provided  for;  manufactures 
and  articles  of  marble;  marble  paving  tiles,  and  all  other  marble 
more  advanced  in  manufacture  than  in  slabs  or  blocks  in  the 
rough  not  otherwise  provided  for  ;  manufactures  of  paper,  or 
of  which  paper  is  a  component  material,  not  otherwise  provided 
for ;  manufactures  of  wood,  or  of  which  wood  is  a  component 
part,  not  otherwise  provided  for;  matting,  china  or  other  floor 
matting,  and  mats  made  of  flags,  jute,  or  grass ;  medicinal  pre- 
jjarations,  drugs,  roots  and  leaves  in  a  crude  state,  not  other- 


55 

wise  provided  for;  morphine;  metiillic  pens;  mineral  waters ; 
musical  instruments  of  all  kinds,  and  strings  for  musical  instru- 
ments, of  whip-gut,  cat-gut,  and  all  other  strings  of  the  same 
material;  mustard  in  bulk  or  in  bottles;  mustard  seed. 

Needles  of  all  kinds,  for  sewing,  darning  and  knitting  ;  nitrate 
of  lead. 

Ochres  and  ochrey  earths  ;  oil-cloths  of  every  description,  of 
whatever  material  composed  ;  oils  of  every  description,  aninial^ 
vegetable  and  mineral,  not  otherwise  provided  for ;  olives ; 
opium  ;  orange  and  lemon  peel ;  osier  or  willow,  prepared  for 
basket-makers'  use. 

Paints,  dry  or  ground  in  oil,  not  otherwise  previded  for ; 
paper,  antiquarian,  demy,  drawing,  elephant,  foolscap,  imperial, 
letter,  and  for  printing  newspapers,  hand-bills  and  other  printing, 
and  all  other  paper,  not  otherwise  provided  for;  paper  boxes, 
and  all  other  fancy  boxes  ;  paper  envelopes  ;  paper  hangings, 
paper  for  walls,  and  paper  for  screens  or  fireboards  ;  parchment; 
parasols  and  sun-shades,  and  umbrellas;  patent  mordant;  paving 
and  roofing  tiles,  and  bricks,  and  roofing  slates,  and  fire  brick ; 
periodicals  and  other  works,  in  course  of  printing  and  repul)li- 
catiou  in  tlie  Confederate  States ;  pitch  ;  plaster  of  paris,  cal- 
cined ;  plumbago  ;  potassium  ;  putty. 

Quicksilver  ;  quills;  qnasia,  manufactured  or  unmanufiutured. 

Ked  chalk  pencils  ;  rhubarb  ;  roman  cement. 

Saddlery  of  all  kinds,  not  otherwise  provided  for ;  saftVon  and 
saffron  cake ;  sago ;  salts,  epsom,  glauber,  rochelle,  and  all  other 
salts  and  preparations  of  salts  not  otherwise  provided  for ;  sarsa- 
parilla;  screws  of  all  kinds  ;  sealing  wax  ;  seines  ;  seppia  ;  sewing 
silk,  in  the  gum  and  purified  ;  shaddocks ;  skins  of  all  kinds, 
tanned,  dressed  or  japanned  ;  slate  pencils  ;  smaltz  ;  soap  of  every 
description  not  otherwise  provided  for;  spirits  of  turpentine  ; 
spunk  ;  squills  ;  starch  ;  stereotype  plate  ;  still  bottou)s ;  sulpliate 
of  barytes,  crude  or  refined  ;  sulphate  of  quinine,  and  quinine  in 
all  its  various  preparations. 

Tapioca ;  tar  ;  textile  fabrics  of  every  description,  not  other- 
wise provided  for  ;  twine  and  pack  thread,  of  whatever  material 
composed;  thread  lacings  and  inscrtings  ;  types,  old  or  new,  and 
type  metals. 

Umbrellas;  Vandyke  brown;  vanilla  beans;  varnish  of  all 
kinds ;  vellum ;  Venetian  red ;  velvet  in  the  piece,  composed 
wholly  of  cotton,  or  of  cotton  and  silk,  but  of  which  cotton  is 


56 

the  component  material  of  chief  value  ;  verdigris  ;  Vermillion  ; 
vinegar. 

Wafers  ;  water  colors ;  whalebone  ;  white  and  red  lead  ;  white 
vitriol,  or  sulphate  of  zinc  ;  whiting,  or  Paris  white  ;  window 
glass,  broad,  crown  or  cylinder;  woolen  and  Avorsted  yarns,  and 
woolen  listings  ;  shot  of  lead,  not  otherwise  provided  for ;  wheel- 
barrows and  hand-barrows ;  wagons  and  vehicles  of  every 
description,  or  parts  thereof. 

Schedule  D,  (ten  per  centum  ad  valorem.) 

Acids  of  every  description,  not  otherwise  provided  for; 
alcornoque  ;  aloes  ;  ambergris ;  amber ;  ammonia  and  sal  am- 
monia ;  anatto,  roucon  or  Orleans ;  angora  Thibit,  and  other 
goats'  hair,  or  mohair,  unmanufactured,  not  otherwise  provided 
for ;  annis-seed  ;  antimony,  crude  or  regulus  of;  argol,  or  crude 
tartar ;  arsenic  ;  ashes,  jjot,  pearl  and  soda ;  asphaltum ;  assa- 
f(ptida. 

Bananas,  cocoa  nuts,  pine  apples,  plantains,  oranges,  and  all 
other  West  India  fruits  in  their  natural  state ;  barilla ;  bark  of 
all  kinds,  not  otherwise  provided  for ;  bark,  Peruvian ;  bark, 
guilla  ;  bismouth  ;  bitter  apples  ;  bleaching  powder  of  chloride 
of  lime  ;  bones,  burnt ;  boards,  planks,  staves,  shingles,  laths; 
scantling,  and  all  other  sawed  lumber ;  also  spars  aud  hewn  tim- 
ber of  all  sorts,  not  otherwise  provided  for ;  bone-black,  or 
animal  carbon,  and  bone  dust ;  bolting  cloths ;  books,  printed, 
magazines,  pamphlets,  periodicals,  and  illustrated  newspapers, 
bound  or  unbound,  not  otherwise  provided  for ;  books,  blank, 
bound  or  unbound ;  borate  of  lime ;  borax,  crude  or  tincal ; 
borax,  refined ;  bouchu  leaves ;  box-wood,  unmanufactured ; 
Brazil  paste ;  Brazil  wood,  braziletto,  and  all  dye-woods  in 
sticks  ;  bristles ;  bronze  .and  Dutch  metal  in  leaf,  bronze  liquor 
and  bronze  powder ;  building  stones ;  butter ;  burr  stones, 
wrought  or  un wrought. 

Cabinets  of  coins,  medals,  gems,  and  collection  of  antiquities ; 
camphor,  crude ;  cantharides ;  cassia  and  cassia  buds ;  chalk ; 
cheese ;  chickory  root ;  chronometers,  box  or  ship,  and  parts 
thereof;  clay,  burnt  or  unburnt  bricks,  paving  and  roofing  tiles, 
gas  retorts,  and  roofing  slates  ;  coal,  coke  and  culm  of  coal ; 
cochineal  ;  cocoa  nuts,  cocoa  and  cocoa  shells ;  coculus  indicus  ; 
coir  tarn  ;  codilla,  or  tow  of  hemp  or  flax ;  cowhade  down  ; 
cream  of  tartar  ;  cudbear. 


57 

Diamonds,  cameos,  mosaics,  gems,  pearls,  rubies,  and  other 
precious  stones,  and  imitations  thereof,  when  set  in  gold  or  sil- 
ver, or  other  metal ;  diamond  glaziers,  set  or  not  set ;  dragon's 
blood. 

Engravings,  bound  or  unbound  ;  extract  of  indigo,  extracts 
and  decoctions  of  log-wood  and  other  dye-wood,  not  otherwise 
provided  for  ;  extract  of  madder  ;  ergot. 

Flax,  unmanufactured ;  flax  seed  and  linseed  ;  flints  and  flint 
groimd;  flocks,  waste  or  shoddy;  French  chalk;  furs,  hatters', 
dressed  or  imdressed,  not  on  the  skin  ;  furs,  undressed,  when 
on  the  skin. 

Glass,  when  old  and  fit  only  to  be  re-manufactured  ;  gam- 
boge; gold  and  silver  leaf;  gold-beaters'  skin;  grindstones; 
gums — Arabic,  Barbary,  copal,  East  Indies,  Senegal,  substitute, 
tragacanth,  and  all  other  gums  and  resins,  in  a  crude  state,  not 
otherwise  provided  for. 

Hair,  of  all  kinds,  uncleansed  and  unmanufactured ;  hemp, 
unmanufactured  ;  hemp  seed,  and  rape  seed  ;  hops,  horns,  horn- 
tips,  bone,  bone-tips,  and  teeth,  unmanuftictured. 

Ivory,  ixnmaniifactured,  ivory  nuts,  or  vegetable  ivory. 

Jute,  sisal  grass,  coir,  and  other  vegetable  substances,  unman- 
ufactured, not  otherwise  provided  for. 

Kelp ;  kermos. 

Lac  spirits,  lac  sulphur,  and  lac  dye ;  leather,  tanned,  band 
sole,  and  upper  of  all  kinds,  not  otherwise  provided  for ;  lem- 
ons and  limes,  and  lemon  and  lime  juice,  and  juices  of  all  other 
fruits  M'ithout  sugar ;  lime. 

JNIadder,  ground  or  prepared ;  madder  root ;  marble,  in  the 
rough  slab  or  block,  unmanufactured  ;  metals,  unmanufactured, 
not  otherwise  provided  for ;  mineral  kermes  ;  mineral  and  bitu- 
minous substances  in  a  crude  state,  not  otherwise  provided  for ; 
moss,  iceland;  music,  printed  with  lines,  bound  or  unbound. 

Natron;  nickel;  nuts,  not  otherwise  pi'ovided  for;  nut  galls; 
nux  vomica. 

Oakum;  oranges,  lemons,  and  limes,  orpiment. 

Palm  leaf,  unmanufactured;  pearl,  mother  of ;  pineapples; 
l^lantains ;  platina,  unmanufactured  ;  polishing  stones ;  potatoes ; 
Prussian  blue;  pumice  and  pumice  stone. 

Rattans  and  reeds,  unmanufactured ;  red  chalk ;  rotten  stone. 

Safliower ;  sal  soda,  and  all  carbonates  and  sulphates  of  soda, 
by  whatever   names   designated,  not  otherwise  provided  for ; 


^ 


58 

seedlac;  shellac;  silk,  raw,  not  more  advanced  in  manufacture 
than  singles,  tram  and  thrown,  or  organzine ;  sponges  ;  steel,  in 
bars,  sheets  and  plates,  not  further  advanced  in  manufacture 
than  by  rolling,  and  cast  steel  in  bars  ;  sumac  ;  sulphur,  flour  of. 

Tallow,  marrow,  and  all  other  grease  or  soap  stock  and  soap 
stuffs,  not  otherwise  provided  for. 

Tea;  terne  tin,  in  plates  or  sheets;  teazle,  terreajaponica, 
catechu  ;  tin,  in  plates  or  sheets,  and  tin  foil  ;  tortoise  and  other 
shells,  unmanufactured ;  trees,  shrubs,  bulbs,  plants  and  roots, 
not  otherwise  provided  for ;  turmeric. 

Watches  and  parts  of  watches ;  woad  or  pastell ;  woods,  viz.: 
cedar,  box,  ebony,  lignum-vitfe,  granadilla,  mahogany,  rose-wood, 
satin-wood,  and  all  other  woods,  unmanufactured. 

Iron  ore,  and  iron  in  bloom,  loops  and  pigs. 

Maps  and  charts. 

Paintings  and  statuary  not  otherwise  provided  for. 

Wool,  manufactured,  of  every  description,  and  hair  of  the 
Alpaca  goat  and  other  like  animals. 

Specimens  of  natural  history,  mineralogy,  or  botany,  not  oth- 
erwise provided  for. 

Yams. 

Leaf  and  unmanufactured  tobacco. 

Schedule  E.  (five  per  centum  ad  valorem.) 

Articles  used  in  dyeing  and  tanning  not  otherwise  provided 
for. 

Brass,  in  bars  or  pigs,  old  and  fit  only  to  be  re-manixfactured  ; 
bells,  old  ;  bell  metal. 

Copper,  in  pigs  or  bars ;  copper  ore ;  copper,  when  old  and 
fit  only  to  be  re-manufactured ;  cutch. 

Diamonds,  cameos,  mosaics,  pearl,  gems,  rubies,  and  other 
precious  stones,  and  imitations  thereof,  when  not  set. 

Emery,  in  lump  or  pulverized. 

Felt,  adhesive,  for  sheathing  vessels  ;  Fuller's  earth. 

Gums  of  all  sorts  not  otherwise  provided  for ;  gutta  purcha, 
unmanufactured. 

Indigo;  India  rubber,  in  bottle,  slabs  or  sheets,  unmanufac- 
tured ;  India  rubber,  milk  of. 

Junk,  old. 

Plaster  of  Paris  or  sulphate  of  lime,  ground  or  unground; 
raw  hides  and  skins  of  all  kind  undressed. 


29 

Sheathing  copper — but  no  copper  to  be  considered  as  such, 
except  in  slieets  forty-eight  inches  long  and  fourteen  inches 
wide,  and  weighing  from  eleven  to  thirty-four  ounces  ;  sheath- 
ing or  yellow  metal  not  wholly  or  part  of  iron ;  sheathing  or 
yellow  metal ;  nails  expressly  for  sheathing  vessels ;  sheathing 
paper ;  stave  bolts  and  shingle  bolts. 

Tin  ore,  and  tin  in  pigs  or  bars ;  type,  old  and  fit  only  to  bo 
remanufactured. 

Wold. 

Zinc,  spelter,  or  tentenegue,  unmanufactured. 

Schedule  F.  (Specific  Duties.) 

Ice — one  dollar  and  fifty  cents  per  ton. 

Salt — ground,  blown,  or  rock — two  cents  per  bushel,  of  fifty 
six  pounds  per  bushel. 

Schedule  G.  (Exempt  from  Duty.) 

Books,  maps,  charts,  mathematical  and  nautical  instruments, 
philosophical  apparatus,  and  all  other  articles  whate\er,  import- 
ed for  the  use  of  the  Confederate  States;  books,  pamphlets, 
periodicals,  and  tracts,  published  by  religious  associations. 

All  pliilosophical  apparatus,  instruments,  books,  maps  and 
charts ;  statues,  statuary,  busts  and  casts,  of  marble,  bronze, 
alabaster,  or  plaster  of  paris;  paintings  and  drawings;  etchings; 
specimens  of  sculpture ;  cabinets  of  coins ;  medals,  gems,  and 
all  collections  of  antiquities :  Provided^  The  same  be  specially 
imported  in  good  faith  for  the  use  of  any  society  incorporated 
or  established  for  philosophical  and  literary  purposes  or  for  the 
encouragement  of  the  fine  arts,  or  for  the  use  or  by  the  order 
of  any  church,  college,  academy,  school  or  seminary  of  learning 
in  the  Confederate  States. 

Bullion,  gold  and  silver. 

Coins,  gold,  silver  and  copper;  coffee;  cotton;  copper,  when 
imported  for  the  mint  of  the  Confederate  States. 

Garden  seeds,  and  all  other  seeds  for  agricultural  and  horti- 
cultural purposes;  goods,  wares  and  merchandise,  the  growth, 
produce  or  manufacture  of  the  Confederate  States,  exported  to 
a  foreign  country  and  brought  back  to  the  Confederate  States 
in  the  same  condition  as  when  exported,  upon  which  no  draw- 
back has  been  allowed :  Provided.,  That  all  regulations  to  ascer- 
tain the  identity  thereof,  prescribed  by  existing  laws,  or  which 


<*^ 


60 

may  be  prescribed  by  the  Secretary  of  the  Treasury,  sliall  be 
compHed  with.     Guano,  manures,  and  fertilizers  of  all  sorts. 

Household  effects,  old  and  in  use,  of  persons  or  families  from 
foreign  countries,  if  used  abroad  by  them,  and  not  intended  for 
any  other  purpose  or  purposes,  or  for  sale. 

Models  of  inventions  or  other  improvements  in  the  arts:  Pro- 
vided^ That  no  article  or  articles  shall  be  deemed  a  model  which 
can  be  fitted  for  use. 

Paving  stones;  personal  and  household  effects,  not  merchan- 
dise, of  citizens  of  the  Confederate  States  dying  abroad. 

Specimens  of  natural  history,  mineralogy,  or  botany ;  provided 
the  same  be  imported  in  good  faith  for  the  use  of  any  society 
incorporated  or  established  for  philosophical,  agricultural  or 
horticultural  purposes,  or  for  the  use  or  by  the  order  of  any 
college,  academy,  school  or  seminary  of  learning  in  the  Confed- 
erate States. 

Wearing  apparel,  and  other  personal  effects  not  merchandise; 
professional  books,  implements,  instruments,  and  tools  of  trades, 
occupation  or  employment,  of  persons  ai'riving  in  the  Confede- 
rate States  :  Provided,  That  this  exemption  shall  not  be  con- 
strued to  include  machinery,  or  other  articles  imported  for  use 
in  any  manufacturing  establishment,  or  for  sale. 

Bacon,  pork,  hams,  lard,  beef,  Avheat,  flour  and  bran  of  wheat, 
flour  and  bran  of  all  other  grains,  Indian  corn  and  meal,  barley, 
rye,  oats  and  oat  meal,  and  living  animals  of  all  kinds,  not  other- 
wise provided  for ;  also  all  agricultural  productions,  including 
those  of  the  orchard  and  garden,  in  their  natural  state,  not 
otherwise  j^rovided  for. 

Gunpowder,  and  all  the  materials  of  which  it  is  made. 

Lead,  in  pigs  or  in  bars,  in  shot  or  balls,  for  cannon,  muskets, 
rifles  or  pistols. 

Rags,  of  whatever  material  composed. 

Arms  of  every  description,  for  military  purposes,  and  parts 
thereof,  munitions  of  war,  military  accoutrements,  and  percus- 
sion caps. 

Ships,  steamers,  barges,  dredging  vessels,  machinery,  screw 
pile  jetties,  and  articles  to  be  used  in  the  construction  of  har- 
bors, and  for  dredging  and  improving  the  same. 

Sec.  2 .  And  he  it  further  enacted.  That  there  shall  be  levied, 
collected  and  paid  on  each  and  every  non-enumerated  article 
which  bears  a  similitude,  either  in  material,  quality,  texture,  or 


61 

ihc  uses  to  which  it  may  be  applied,  to  any  euumerated  article 
chargeable  with  duty,  the  same  rate  of  duty  which  is  levied  and 
charged  on  the  enumerated  article  by  the  foregoing  schedules, 
which  it  most  resembles  in  any  of  the  particulars  before  men- 
tioned ;  and  if  any  non-enumerated  article  equally  resembles  two 
or  more  enumerated  articles  on  which  different  rates  of  duty 
are  chargeable,  there  shall  be  levied,  collected  and  paid  on  such 
non-enumerated  article  the  same  rate  of  duty  as  is  chargeable 
on  the  article  which  it  resembles,  paying  the  highest  duty  :  Pro- 
vided, That  on  all  articles  manufactured  from  two  or  more 
materials,  the  duty  shall  be  assessed  at  the  highest  rates  at 
which  any  of  its  component  parts  may  be  chargeable :  Provided 
Jurther,  That  on  all  articles  which  are  not  enumerated  in  the 
foregoing  schedules  and  cannot  be  classified  under  this  section, 
a  duty  of  ten  per  cent,  ad  valorem  shall  be  charged. 

Sec.  3.  And  he  it  further  enacted,  That  all  goods,  wares  and 
merchandise  which  may  be  in  the  jiublic  stores  as  unclaimed,  or 
in  Avarehonse  under  warehousing  bonds,  on  the  31st  day  of 
August  next,  shall  be  subject,  on  entry  thereof  for  consumption, 
to  suf^h  duty  as  if  the  same  had  been  imported,  respectively 
after  that  day. 

Sec.  4.  Ajid  be  it  further  e}iacted,  That  on  the  entry  of  any 
goods,  wares  or  merchandise,  imported  on  or  after  the  31st  day 
of  August  aforesaid,  the  decision  of  the  collector  of  the  customs 
at  the  port  of  importation  and  entry,  as  to  their  liability  to  duty 
or  exemption  therefrom,  shall  be  final  and  conclusive  against  the 
owner,  importer,  consignee  or  agent  of  any  such  goods,  wares 
and  merchandise,  unless  the  owner,  importer,  consignee  or  agent 
shall,  within  ten  days  after  such  entry,  give  notice  to  the  col- 
lector, in  writing,  of  his  dissatisfaction  with  siich  decision,  set- 
ting forth  therein  distinctly  and  specially  his  ground  of  objec- 
tion thereto,  and  shall,  within  thirty  days  after  the  date  of  such 
decision,  appeal  therefrom  to  the  Secretary  of  the  Treasury, 
whose  decision  on  such  appeal  shall  be  final  and  conclusive  ;  and 
the  said  goods,  wares  and  merchandise  shall  be  liable  to  duty 
or  exemption  therefrom  accordingly,  any  act  of  Congress  to  the 
contrary  notwithstanding,  unless  suit  shall  be  brought  within 
thirty  days  after  such  decision,  for  any  duties  that  may  have 
been  paid,  or  may  thereafter  be  paid  on  said  goods,  or  within 
thirty  days  after  the  duties  shall  have  been  paid  in  cases  where 
such  goods  shall  be  in  bond. 


62 

Sec.  5.  Afid  be  it  further  enacted^  That  it  shall  be  lawful  for 
the  owner,  consignee,  or  agent  of  imports  which  haA^e  been 
actually  purchased  or  procured  otherwise  than  by  purchase,  on 
entry  of  the  same,  to  make  such  addition  in  the  entry  to  the 
cost  or  value  given  in  the  invoice  as,  in  his  opinion,  may  raise 
the  same  to  the  true  market  value  of  such  imports  in  the  princi- 
pal markets  of  the  country  whence  the  importations  shall  have 
been  made,  and  to  add  thereto  all  costs  and  charges  Avhich,  un- 
der existing  laws,  would  form  part  of  the  true  value  at  the  port 
where  the  same  may  be  entered,  upon  which  the  duty  should  be 
assessed.  And  it  shall  be  the  duty  of  the  collector  within  whose 
district  the  same  may  be  imported  or  entered,  to  cause  the  duti- 
able value  of  such  imports  to  be  appraised,  estimated  and  ascer- 
tained, in  accordance  with  the  provisions  of  existing  laws ;  and 
if  the  appraised  value  thereof  shall  exceed  by  ten  per  centum, 
or  more,  the  value  so  declared  on  entry,  then  in  addition  to  the 
duties  imposed  by  law  on  the  same,  there  shall  be  levied,  col- 
lected and  paid  a  duty  of  twenty  per  centum  ad  valorem,  on 
such  appraised  value:  Provided,  nevertheless,  That  under  no 
circumstances  shall  the  duty  be  assessed  upon  an  amount  less 
than  the  invoice  or  entered  value,  any  law  of  Congress  to  the 
contrary  notwithstanding. 

Sec.  6.  A)id  he  it  farther  enacted,  That  so  much  of  all  acts 
or  parts  of  acts  as  may  be  inconsistent  with  the  provisions  of 
this  act,  shall  be  and  the  same  are  hereby  repealed. 

Approved  May  21,  1861. 


No.  163.]  AN  ACT 

To  define  with  more  certainty  the  meaning  of  an  Act  entitled 
"  An  Act  to  fix  the  duties  on  articles  therein  named,"  ai> 
proved  March  the  fifteenth,  eighteen  hundred  and  sixty-one. 

Section  1.  The  Congress  of  the  Confederate  States  of 
Aynerica  do  enact.  That  the  above  recited  act  shall  be  so  con- 
strued as  to  embrace  all  railroad  rails,  spikes,  fishing  plates  and 
chairs,  used  in  the  construction  of  railroads,  which  were  im- 
ported and  were  in  bond  at  the  date  of  its  passage. 

Sec.  2.  Be  it  further  enacted,  That  the  Secretary  of  the 
Treasury  is  hereby  directed  to  refund  to  such  railroad  compa- 


63 

nies  as  have,  since  the  passage  of  said  act,  paid  on  any  of  the 
above  enumerated  articles  imported  as  aforesaid  a  greater  rate 
of  duty  than  is  prescribed  by  said  act,  the  amount  over  and 
above  said  rate. 

Approved  May  21,  1861. 


No.  164.]  A  RESOLUTION 

Rescinding  a  Resolution  providing  for  a  Digest  of  Laws,  ap- 
proved March  twelfth,  eiglitoon  hundred  and  sixty-one. 

1.  Resolved  by  the  Congress  of  the  Confederate  States  of 
America,  That  the  resolution  ajiproved  March  twelfth,  eighteen 
hundred  and  sixty-one,  providing  for  a  digest  of  laws,  be  and 
the  same  is  hereby  rescinded. 

2.  Resolved,  That  W.  P.  Chilton  and  John  Hemphill,  com- 
mittee of  this  Congress  appointed  under  the  resolution  rescind- 
ed, be  allowed  eight  dollars  per  day  for  their  attendance  as  said 
committee  during  the  recess  of  Congress,  to  be  ascertained  and 
paid  at  the  per  diem  of  members  of  Congress  in  session. 

3.  Resolved,  That  the  committee  aforesaid  be  and  they  are 
hereby  required  to  deposite  in  the  office  of  the  Attorney  Gene- 
ral the  digest,  so  far  as  it  has  progressed,  Avith  the  materials 
collected  by  them,  Avith  a  statement  or  report  explanatory 
thereof. 

Approved  May  21,1861. 


No.  165.]  AN  ACT 

To  establish  a  Patent  Office,  and  to  provide  for  the  Granting 
and  Issue  of  Patents  for  New  and  Useful  Discoveries,  Inven- 
tions, Imjjrovements  and  Designs. 

Sectiox  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact.  That  there  shall  be  established  and  attached 
to  the  Department  of  Justice,  an  office  to  be  denominated  the 
Patent  Office,  the  chief  officer  of  which  shall  be  called  the  Com- 
missioner of  Patents,  to  be  appointed  by  the  President,  by  and 
with  the  consent  of  the  Congress,  whose  duty  it  shall  be,  under 
the  direction  of  the  Attorney  General,  to  superintend,  execute 


64 

and  perform  all  such  acts  and  things  touching  and'  respecting 
the  issue  of  patents  for  new  and  useful  discoveries,  inventions 
and  improvements,  as  are  herein  provided  for,  or  shall  hereafter 
be  by  law  directed  to  be  done  and  performed,  and  shall  have 
the  charge  and  custody  of  all  books,  records,  papers,  models, 
machines  and  other  things  belonging  to  said  office. 

Sec.  2.  JBe  it  further  enacted^  That  there  shall  be  in  said 
office  an  inferior  officer,  to  be  appointed  by  said  commissioner, 
with  the  approval  of  the  Attorney  General,  to  be  called  the  chief 
clerk  of  the  patent  office,  who  in  all  cases  during  the  absence 
of  the  commissioner,  or  when  the  said  principal  office  shall 
become  vacant,  shall  have  the  charge  and  custody  of  the  seal 
and  of  the  records,  books,  papers,  machines,  models,  and  all 
other  things  belonging  to  the  said  office,  and  shall  perform  the 
duties  of  the  commissioner  during  such  vacancy.  And  the  said 
commissioner  may  also,  with  like  aj^proval,  appoint  such  exami- 
ners of  patents  and  other  clerks  as  may  be  necessary.  And  said 
commissioner,  and  every  other  person  appointed  and  employed 
in  said  office,  shall  be  disqualified  or  interdicted  from  acquiring 
or  taking,  except  by  inheritance,  during  the  period  for  which 
they  shall  hold  their  appointments  respectively,  any  right  or 
interest,  directly  or  indirectly,  in  any  patent  for  an  invention  or 
discovery  which  has  been  or  may  hereafter  be  granted.  And 
said  commissioner,  and  all  others  employed  in  said  office,  shall 
receive  a  compensation  to  be  ascertained  and  fixed  by  law. 

Sec.  3.  And  he  it  further  enacted^  That  the  said  principal 
officer,  and  every  other  person  to  be  appointed  in  said  office, 
shall,  before  he  enters  upon  the  duties  of  his  office  or  appoint, 
ment,  make  oath  or  affirmation  truly  and  faithfully  to  execute 
the  trust  committed  to  him.  And  the  said  commissioner  and 
chief  clerk  shall  also,  before  entering  upon  their  duties,  severally 
give  bonds,  with  sureties,  to  the  treasurer  of  the  Confederate 
States,  the  former  in  the  sum  of  ten  thousand  dollars,  and  the 
latter  in  the  sum  of  five  thousand  dollars,  with  condition  to  ren 
der  a  true  and  faithful  account  to  him  or  his  successor  in  office, 
quarterly,  of  all  moneys  which  shall  be  by  them  respectively 
received  for  duties  on  patents,  and  for  copies  of  records  and 
drawings,  and  all  other  moneys  received  by  virtue  of  said  office. 

Sec.  4.  And  he  it  further  enacted^  That  the  said  commis- 
sioner shall  cause  a  seal  to  be  made  and  provided  for  the  said 
office,  with  such  device  as  the  President  of  the  Confederate 


65 

States  shall  approve  ;  and  copies  of  any  records,  books,  paper? 
or  drawings  belonging  to  the  said  office,  under  the  signature  of 
said  commissioner,  or  when  the  office  shall  be  vacant,  under  the 
signature  of  the  chief  clerk,  with  the  said  seal  affixed,  shall  be 
competent  evidence  in  all  cases  in  which  the  original  records, 
books,  papers  or  drawings  could  be  evidence.  And  any  person 
making  application  therefor  may  have  certified  copies  of  the 
records,  drawings  and  othef-  papers  deposited  in  the  said  office, 
on  paying  for  the  written  copies  the  sum  of  ten  cents  for  every 
page  of  one  hundred  words,  and  for  copies  of  drawings,  the 
reasonable  expenses  of  making  the  same. 

Sec.  5.  And  be  it  further  enacted.,  That  all  patents  issuing 
from  the  said  office  shall  be  issued  in  the  name  of  the  Confed 
crate  States,  and  under  seal  of  said  office,  and  be  signed  by  the 
Attorney  General,  and  countersigned  by  the  commissioner  of  said 
office,  and  shall  be  recorded,  together  Avith  the  descriptions, 
specifications  and  drawings,  in  the  said  office,  in  books*  to  be 
kept  for  that  purpose.  Every  patent  shall  contain  a  short 
description  or  title  of  the  invention  or  discovery,  correctly  indi- 
cating its  nature  and  design,  and  in  its  terms  grant  to  the  appli- 
cant or  applicants,  his  or  their  heirs,  administrators,  executors 
or  assigns,  for  a  term  of  not  exceeding  fourteen  years,  the  full 
and  exclusive  right  and  hberty  of  making,  using  and  vending  to 
others  to  be  used,  the  said  invention  or  discovery,  referring  to 
the  specifications  for  the  particulars  thereof,  a  copy  of  which 
shall  be  annexed  to  the  patent,  specifying  what  the  patentee 
claims  as  his  invention  or  discovery. 

Sec.  6.  And  he  it  further  enacted.,  That  any  person  or  per- 
sons having  discovered  or  invented  any  new  and  useful  art' 
machine,  manufacture,  or  composition  of  matter,  or  any  new 
and  useful  improvement  on  any  art,  machine,  manufacture,  or 
comjiosition  of  matter,  not  known  or  used  by  others  before  his 
or  their  discovery  or  invention  thereof,  and  not  at  the  time  of 
his  application  for  a  patent  in  public  use  or  for  sale,  with  his  con- 
sent or  allowance,  as  the  inventor  or  discoverer,  and  shall  desire 
to  obtain  an  exclusive  property  therein,  may  make  application 
in  writing  to  the  commissioner  of  patents,  expressing  such  desire; 
and  the  commissioner,  on  due  proceedings  had,  may  grant  a 
patent  therefor.  But  before  any  inventor  .shall  receive  a  patent 
for  any  such  new  invention  or  discovery,  he  shall  deliver  a  writ- 
ten description  of  his  iuveutiou  or  discovery,  and  of  the  manner 


66 

and  process  of  making,  constructing,  using  and  componnding 
the  same,  in  such  full,  clear,  and  exact  terms,  avoiding  unneces- 
sary prolixity,  as  to  enable  any  person  skilled  in  the  art  or  sci- 
ence to  which  it  appertains,  or  with  which  it  is  most  nearly  con- 
nected, to  make,  construct,  compound  and  use  the  same ;  and  in 
case  of  any  machine,  he  shall  fully  explain  the  principle,  and  the 
several  modes  in  which  he  has  contemplated  the  application  of 
that  principle  or  character  by  which  it  may  be  distinguished 
from  other  inventions ;  and  shall  particularly  specify  and  point 
out  the  part,  improvement,  or  com})ination  which  he  claims  as 
his  own  invention  or  discovery.  He  shall,  furthermore,  accom- 
pany the  whole  with  a  drawing  or  drawings,  and  written  refer- 
ences, where  the  nature  of  the  case  admits  of  drawings ;  or 
with  specimens  of  ingredients,  and  of  the  composition  of  mat- 
ter, sufficient  in  quantity  for  the  i:)urpose  of  experiment,  where 
the  invention  or  discovery  is  of  a  composition  of  matter;  which 
descriptions  and  drawings,  signed  by  the  inventor,  and  attested 
'by  two  witnesses,  shall  be  filed  in  the  Patent  office  ;  and  he 
shall  moreover  furnish  a  model  of  his  invention,  in  all  cases 
which  admit  of  a  representation  by  model,  of  a  convenient  size 
to  exhibit  advantageously  its  several  parts.  The  applicant  shall 
make  oath  or  affirmation  that  he  does  verily  believe  that  he  is 
the  original  and  first  inventor  or  discoverer  of  the  art,  machine, 
composition,  or  improvement,  for  which  he  solicits  a  patent ;  and 
that  he  does  not  know  or  beheve  that  the  same  was  ever  before 
known  or  used  ;  and  also  of  Avhat  country  he  is  a  citizen  ;  which 
oath  or  affirmation  may  be  made  before  any  person  authorized 
,  by  law  to  administer  oaths. 

Sec.  7.  Aiid  be  it  further  enacted,  That  on  the  filing  of 
any  such  application,  description  and  specification,  and  the  pay- 
ment of  the  duty  hereinafter  provided,  the  commissioner  shall 
make,  or  caused  to  be  made,  an  examination  of  the  alleged  new 
invention  or  discovery,  and  if,  on  any  such  examination,  it  shall 
not  appear  to  the  commissioner  that  the  same  had  been  im^ented 
or  discovered  by  any  other  person  in  this  country,  prior  to  the 
alleged  invention  or  discovery  thereof  by  the  applicant,  or  that 
it  had  been  patented  or  described  in  any  printed  publication,  in 
this  or  in  any  foreign  country,  or  had  been  in  public  use  or  on 
sale,  with  the  applicant's  consent  or  allowance,  prior  to  the 
application,  if  the  commissioner  shall  deem  it  to  be  sufficiently 
useful  and  important,  it  shall  be  his  duty  to  issue  a  patent  there- 


67 

for.     But  whenever,  on  sucli  examination,  it  shall  appear  to  the 
commissioner  that  the  applicant  was  not  the  original  and  first 
inventor  or  discoverer  thereof,  or  that  any  part  of  that  which  is 
claimed  as  new  had  before  been  invented  or  discovered,  or  pat- 
ented or  described  in  any  printed  publication  in  this  or  any  for- 
eign country  as  aforesaid,  or  that  the  description  is   defective 
and  insufficient,  he  shall  notify  the  applicant  thereof,  giving  hifii 
briefly  such   iliformation  and  references  as  may  be  useful  iu 
judging  of  the  propriety  of  renewing  his  Application,  or  of  alter- 
ing his  specification  to  embrace  only  that  part  of  the  invention 
or  discovery  which  is  new.     But  if  the  applicant  in  such  case 
shall  persist  in  his  claim  for  a  patent,  W'ith  or  without  any  alter- 
ations of  his  specifications,  lie  shall  be  required  to  make  oath  or 
afiirmation  anew,  in  manner  as  aforesaid;  and  if  the  specifica- 
tion and  claim  shall  not  have  been  so  tnodified  as  in  the  opinion 
of  the  commissioner  shall  entitle  the  applicant  to  a  patent,  h-e 
may,  on  appeal,  and  upon  request  in  writing,  have  the  decision 
of  the  Attorney  General,  who  shall  be  furnished  with  a  certifi- 
cate in  writing,  wuth  the  opinion  and  decision  of  the  conmiis- 
sioner,  stating  the  particular  grounds  of  his  objection,  and  the 
part  or  parts  of  the  invention  which  he  considers  as  not  entitled 
to  be  patented,  and  the  Attorney  General  shall  give  reasonable 
notice  to  the  applicant,  as  well  as  to  the  commissioner,  of  the 
time  and  place  of  hearing  such  appeal,  that  they  may  have  an 
opportunity  of  furnishing  him  with  such  fiicts  and  evidence  as 
they  may -deem  necessary  to  a  just  decision ;  and  it  shall  be  the 
duty  of  the  commissioner  to  furnish  to  the   Attorney  General 
■such  information  as  he  may  possess,  relative  to  the  matter  under 
consideration.     And  on  an  examination  and  consideration  of  the 
matter  by  the  Attorney  General,  it  shall  be  in  his  power  to  re- 
verse the  decision  of  the  commissioner,  either  in   whole  or   in 
part;  and  his  opinion  being  certified  to  the  commissioner,  he 
shall  be  governed  thereby  in  the  further  proceedings  to  be  had 
<>n  such  application :  Provided,  however.  That  before  an  appeal 
shall  be  had  in  any  such  case  the  applicant  shall  pay  to  the  credit 

of  the  treasury,  as  provided  in  the  twenty-third  section  of  this 

act,  the  sum  of  twenty-five  dollars. 
Sec.  8.     And  be  it  farther  enacted,  That  whenever  an  appli. 

cation  shall  be  niade  for  a  patent,  Avhich  in  the  opinion   of  the 
commissioner  would  interfere  Avith   any  other  jiatent  for  which 

an  application  may  be  pending,  or  with  any  unexpired  patent 


which  shall  have  been  grantcel,  it- shall  he  the  duty  of  the  com-- 
missionei"  to  give  notice  thereof  to  such  applicants  or  patentees, 
as  the  case  may  be ;  and  if  either  shall  bo  dissatisfied  with  the 
decision  of  the  commissioner  on  the  question  of  priority  of  right 
or  invention,  on  a  hearing  thereof,  he  may  appeal  from  such 
decision,  on  the  like  terms  and  conditions  as  are  provided  in ' 
the  preceding  section  of  this  act,  and  the  like  proceedings  shall 
be  had  to  determine  which  or  w'hether  either  of  the  applicants 
is  entitled  to  receive  a  patent  as  prayed  for.  But  nothing  in 
this  act  contained  shall  be  construed  to  deprive  an  original  and 
true  inventor  of  the  right  to  a  patent  for  his  invetjtion  by  reason' 
of  his  having  pr<}viously  taken  out  letters  patent  therefor  in  a 
foreign  country,  and  the  same  having  been  published  at  any 
time  within  six  months  next  jDreceding  the  filing  of  his  specifi- 
cations and  drawings.  And  whenever  the  applicant  shall  re- 
quest it,-  the  patent  shall  take  date  from  the  time  of  filing  of  the 
specifications  and  drawings;  not,  however,  exceeding  six  months 
prior  to  the  actual  issuing  of  the  patent ;  and  on  like  request,' 
and  the  payment  of  the  duty  herein  required,  by  any  applicant, 
his  specification  and  drawings  shall  be  filed  in  the  secret  archives 
of  the  office,  imtil  he'  shall  furnish  the  model  and  the  patent  be 
issued,  not  exceeding  the  term  of  two  years — the  applicant 
being  entitled  to  notice  of  interfering  application. 

Sec.  9.     And  be  it  further  enacted,  That  where  any  person 
hath  made  or  shall  have  made  any  new  invention,  discovery  or 
improvement,  on  account  of  which  a  patent  might  by  virtue  of 
this  act  be  granted,  and  sncli  person  shall  die  before  any  patent 
shall  be  granted  therefor,  the  right  of  applying  for  and  obtain- 
ing such  patent  shall  devolve  on  the  e:secutor  or  administrator 
of  such  person,  in  trust  for  the  heirs-at-law  of  the  deceased,  in 
case  he  shall  have  died  intestate,  but  if  otherwise,  then  in  trust 
for  his  devisees,  in  as  full  and  ample  manner,  and  under  the 
:  same  conditions,  limitations  and  restrictions  as  the  same  was 
:  held  or  might  have  been  claimed  or  enjoyed  by  such  person  in 
his  or  her  life-time ;  and  when  application  for  a  patent  shall  be 
I  made  by  such  legal  rej^resentatives,  the  oath  or  afiirmation  pro- 
vided in  the  sixth  section  of  this  act  shall  be  so  varied  as  to  be 
applicable  to  them. 

■Sec.  10.  And  he  it  further  enacted,  That  every  patent  shall 
.be  assignable  in  law,  either  as  to  the  whole  interest  or  any  un- 
^  divided   part   thereof,  by  any  instrument   in  writing;    which 


69 

assignment,  find  also  every  grant  and  conveyance  of  the  exclu- 
sive right,  under  any  patent,  to  make  and  use  and  to  grant  to 
others  to  make  and  use  the  thing  patented,  within  and  tlirough- 
out  any  sjjecitied  part  or  portion  of  the  Confederate  States,  shall 
be  recorded  in  the  patent  office  within  three  months  from  the 
execution  thereof. 

Se(^  11.  Ami  he  it  further  enacted^  That  any  person  who 
shall  have  invented  any  now  art,  machine,  or  improvement 
thereof,  and  shall  desire  further  time  to  mature  the  same,  mav, 
on  paying  to  the  credit  of  the  treasury,  in  manner  as  provided  in 
the  twenty-third  section  of  this  act,  the  sum  of  ten  doll.irs,  file 
in  the  patent  otHce  a  caveat  setting  forth  the  design  and  purpose 
thereof,  and  its  principal  :ukI  distinguishing  characteristics,  and 
praying  protection  of  liis  right  till  he  shall  have  matured  his 
invention.  And  such  ca\-eat  shall  be  filed  in  the  confidential 
archives  of  the  office,  and  preserved  in  secresy.  And  if  appli- 
cation shall  be  made  by  any  other  person,  within  one  year  from 
the  time  of  tiling  of  such  caveat,  for  a  patent  of  any  invention 
with  which  it  may  ia  any  respect  interfere,  it  shall  be  the  duty 
of  the  commissioner  to  deposit  the  description,  specifications, 
drawings  and  model  in  the  confidential  archives  of  the  office, 
and  to  give  notice  (by  mail)  to  the  person  filing  the  caveat  of 
such  application,  trho  shall,  icifhi/t  three  months  after  receiving 
the  notice,  if  he  would  avail  himself  of  the  benefit  of  his  caveat, 
file  his  description,  specifications,  drawings  and  model;  and  it^ 
in  the  opinion  of  the  commissioner,  the  specifications  of  claim 
interfere  with  each  other,  like  proceedings  may  be  had  in  all 
respects  as  are  in  this  act  provided  in  the  case  of  interfering 
applications :  Provided,  however^  That  no  opinion  or  decision 
of  the  commissioner  or  examiners,  under  the  provisions  of  this 
act,  shall  preclude  any  persons  interested  in  favor  of  or  against 
the  validity  of  a«y  patent  which  has  been  or  may  hereafter  be 
granted  from  the  right  to  contest  the  same  in  any  judicial  court, 
in  any  action  in  which  its  validity  may  come  in  question. 

Sec.  12.  Ajid  be  it  further  enacted^  That  whenever  any 
patent  which  has  heretofore  been  granted  or  which  shall  here- 
after be  granted  shall  be  inoperative  and  invalid,  by  reason  of  a 
defective  or  insufficient  description  or  specification,  or  by  reason 
of  the  patentee  claiming  in  his  specifications  as  his  own  inv^^n* 
tion  more  than  he  had  or  shall  have  a  right  to  claim  as  now,  if 
the  error  has  or  shall  have  arisen  by  inadvertencv,  aooldent  or 


mfstako,  and  without  any  fraudulent    or  deceptive  intention,  it 
shall  be  lawful  for  the  commissioner,  upon  the  surrender  to 
him  of  such  patent,  and  the  payment  of  the  ^further  duties  of 
twenty  dollars,  to  cause  a  new  patent  to  be  issued  to  its  head 
inventor,  for  the  same  invention,  for  the  residue  of  the  period 
then  unexpired  for  which  the  original  patent  was  granted,  in 
accordance  with  the  patentee's  corrected  description  and  speci- 
fication.    And  in  case   of  his  death,  or  any  assignment  by  him 
made  of  the  original  patent,  a  similar  right  shall  vest  in  his 
executors,  administrators   or  assigns.     And  the  patent   so  re- 
issued, together  with  the  corrected  descrijjtion  and  specifica- 
tions, shall  have  the  same  effect  and  operation  in  law,  on  the 
trial  of  all  actions  hereafter  commenced  for  causes  subsequently 
accruing,  as  though  the  same  had  been  originally  filed  in  s^ich 
corrected  form  before  the  issuing  of  the  original  patent.     And 
in  all  cases  where  any  new  improvement  of  the  original  inven- 
tion or  discovery  may  have  been  invented  or  discovered  by  the 
original  patentee  subsequent  to  the  date  of  his  patent,  for  which 
a  patent  is  desired  by  him,  an  independent  patent  for  such  im- 
provement or  discovery  may  be  applied  for ;  and  no  annexing 
to  such  original  patent  of  the  description  and  specification  on 
such  additional  improvement  or  improvements  shall  be  allowed. 
Sec.  13.     And  be  it  further  enacted,  That  the  defendant  in 
any  such  action  shall  be  permitted  to  plead  the  general  issue, 
and  to  give  this  act  and  any  special  matter  in  evidence  of  which 
notice  in  writing  may  have  been  given  to  the  plaintiff  or  his 
attorney  thirty   days  before  trial,  tending   to  prove  that  the 
description  and  specification  filed  by  the  plaintiff  does  not  con- 
tain the  whole  truth  relative  to  his  invention  or  discovery,  ov 
that  it  contains  more  than  is  necessary  to  produce  the  described 
etiect ;  which  concealment  or  addition  shall  fully  appear  to  have 
been  made  for  the  purpose  of  deceiving  tlie  public,   or  that  the 
})atentee  was  not  the  first  and  original  inventor  or  discoverer  of 
the  thing  patented,  or  of  a  substantial  and  material  part  thereof 
claimed  as  new,  or  that  it  has  been  described  in  some  public 
work  anterior  to  the  supposed  discovery  thereof  by  the  patentee, 
or  had  been  in  public  use  or  on  sale  with  the  consent  and  allow- 
ance of  the  patentee  before  his  appHcation  for  a  patent,  or  that 
he  had  surreptitiously  or  unjustly  obtained  the  patent  for  that 
which  was  in  fact  invented  or  discovered  by  another,  who  was 
using  reasonable  diligence  in  adapting  and  perfecting  the  same ; 


71 

or  that  tlie  patentee,  if  an  alien  at  tlie  time  the  patent  was 
granted,  had  failed  and  neglected,  for  the  space  of  eighteen 
months  from  the  date  of  the  patent,  to  put  and  continue  on  sale 
to  the  public,  on  reasonable  terms,  the  invention  or  discovery 
for  which  the  patent  was  issued  ;  and  whenever  the  defendant 
relies  in  his  defence  on  the  fact  of  a  previous  invention,  knowl- 
edge or  use  of  the  thing  patented,  he  shall  state  in  his  notice  of 
special  matters  the  names  and  places  of  residence  of  those  whom 
he  intends  to  prove  to  have  possessed  a  prior  knowledge  of  the 
tiling,  and  Avhere  the  same  had  been  used  ;  in  either  of  which 
cases  judgment  shall  be  rendered  for  the  defendant  Avith  costs  : 
Provided,  hoiocver,  That  whenever  it  shall  satisfactorily  appear 
that  the  patentee,  at  the  time  of  making  his  application  for  the 
patent,  believed  himself  to  be  the  first  inventor  or  discoverer  of 
the  thing  patented,  the  same  shall  not  be  held  to  be  void  on 
account  of  the  invention  or  discovery,  or  any  jjart  thereof  hav- 
ing been  before  known  or  used  in  any  foreign  country — it  not 
appearing  that  the  same  or  any  substantial  part  thereof  had 
before  been  patented  or  described  in  any  printed  publication  • 
Afid provided,  also,  That  whenever  the  plaintiff  shall  fail  to 
sustain  his  action  on  the  ground  that  in  his  specification  or  claim 
is  embraced  more  than  that  of  which  he  was  the  first  inventor, 
if  it  shall  appear  that  the  defendant  had  used  or  violated  any 
part  of  the  invention  justly  and  truly  specified  and  claimed  as 
new,  it  shall  be  in  the  power  of  the  court  to  adjudge  and  award, 
as  to  costs,  as  may  appear  to  be  just  and  equitable. 

Sec.  14.  And  be  it  further  enacted,  That  whenever  tliere 
shall  be  two  interfering  patents,  or  whenever  a  patent  or  appli- 
cation shall  have  been  refused  on  an  adverse  decision  of  the 
Attorney  General,  on  the  ground  that  that  patent  ap[)lie(l  for 
would  interfere  with  an  unexpired  patent  previously  granted, 
any  person  interested  in  such  patent  either  by  assignment  or 
otherwise  in  the  one  case,  and  any  such  applicant  in  the  other 
case  may  have  remedy  in  equity;  and  the  court  having  cog- 
nizance thereof,  ou  notice  to  adverse  parties,  and  other  due  pro- 
ceedings had,  may  adjudge  and  declare  either  the  patents  void 
in  the  whole  or  in  part,  or  inoperative  and  invalid  in  any  par- 
ticular part  or  portion  of  the  Confederate  States,  according  to 
the  interest  Avhich  the  j^arties  to  such  suit  may  possess  in  tJie 
patent  or  the  invention  patented  ;  and  may  also  adjudge  that 
such  applicant  is  entitled,  according  to  the  principles  and  pro- 


72 

visions  of  tliis  act,  to  liave  and  receive  a  patent  for  his  inven- 
tion, as  specified  in  his  claim,  or  for  any  part  thereof,  as  the  fact 
of  priority  or  right  or  invention  shall,  in  any  such  case,  be  made 
to  appear.  And  such  adjudication,  if  it  be  in  favor  of  the  right 
of  such  applicant,  shall  authorize  the  commissioner  to  issue  such 
patent,  on  his  filing  a  copy  of  the  adjudication  and  otherwise 
complying  with  the  requisitions  of  this  act :  Provided,  hoioever^ 
That  no  such  judgment  or  adjudication  shall  aifect  the  rights  of 
any  person  except  the  parties  to  the  action  and  those  deriving 
title  from  and  under  them  subsequent  to  the  rendition  of  such 
judgment. 

Sec.  15.  And  he  it  further  enacted,  That  all  actions,  suits, 
controversies  and  cases  arising  under  any  law  of  the  Confederate 
States,  granting  or  confirming  to  inventors  the  exclusive  right 
to  their  inventions  or  discoveries,  shall  be  originally  cognizable, 
as  well  in  equity  as  at  law,  by  the  district  courts  of  the  Confed- 
erate States,  which  courts  shall  have  power  in  any  such  case  to 
grant  injunctions  according  to  the  course  and  principles  of 
courts  of  equity,  to  prevent  the  violation  of  the  rights  of  any 
inventor  as  secured  to  him  by  any  law  of  the  Confederate  States, 
on  such  terms  and  conditions  as  said  courts  may  deem  reasona- 
ble :  Provided,  hoinever.  That  from  all  judgments  and  decrees 
•from  any  such  court  rendered  in  the  premises,  a  writ  of  error  or 
appeal,  as  the  case  may  require,  shall  lie  to  the  Supreme  Court 
of  the  Confederate  States,  in  the  same  manner  and  under  the 
same  circumstances  as  is  now  provided  by  law  in  other  judg- 
ments and  decrees  of  district  covu'ts,  and  in  all  other  case's  m 
which  the  court  shall  deem  it  reasonable  to  allow  the  same. 

Sec.  16.  And  he  it  further  enacted.  That  it  shall  be  the  duty 
of  the  commissioner  to  cause  to  be  classified  and  arranged,  in 
such  rooms  or  galleries  as  may  be  provided  for  that  purpose,  in 
suitable  cases,  when  necessary  for  their  preservation,  and  in 
such  manner  as  shall  be  conducive  to  a  beneficial  and  favorable 
display  thereof,  the  models  and  specimens  of  compositions  and 
fabrics,  and  other  manufactures  and  works  of  art,  patented  or 
unpatented,  which  have  been  or  shall  hereafter  be  deposited  in 
said  office.  And  said  rooms  or  galleries  shall  be  kept  open 
during  suitable  hours  for  public  inspection. 

Sec.  17.  And  he  it  further  enacted.  That  whenever  a  patent 
shall  be  returned  for  correction  and  re-issue,  under  this  act,  and 
the  patentee  shall  desire  several  patents  to  be  issued  for  distinct 


73 

and  separate  parts  of  the  thing  patented,  he  shall  first  pay,  in 
manner  and  in  addition  to  the  sum  provided  by  this  act,  the 
sum  of  twenty  dollars  for  each  additional  patent  so  to  he  issued  ; 
nor  shall  any  new  patent  be  issued  for  an  improvement  made  in 
any  machine,  manufacture  or  process,  to  the  original  inventor, 
assignee  or  possessor  of  a  patent  therefor,  nor  any  disclaimer  be 
admitted  to  record,  until  a  duplicate  model  or  drawing  of  the 
same  shall  have  been  deposited  in  the  patent  office,  if  the  com- 
missioner shall  require  the  same ;  nor  shall  any  patent  he  granted 
for  an  invention,  improvement  or  discovery,  the  model  or  draw- 
ing of  which  shall  have  been  lost,  until  another  model  or  draw- 
ing, if  recpiired  by  the  commissioner,  shall  in  like  manner  be 
deposned  in  the  jsatent  office.  And  in  all  such  cases  the  ques- 
tion oi  compensation  for  such  models  and  drawings  shall  be 
subject  to  the  judgment  and  decision  of  the  commissioner, 
uiHier  the  same  limitations  and  restrictions  as  are  herein  pre- 
scribed. , 

Sec  18.  And  he  it  further  enacted,  That  any  patent,  here- 
after to  be  issued,  may  be  made  and  issued  to  the  assignee  or 
assignees  of  the  inventor  or  discoverer,  the  assignment  thereof 
being  first  entered  of  record,  and  the  application  therefor  being 
duly  made,  and  the  specification  duly  sworn  to  by  the  inventor. 
And  in  all  cases  hereafter  the  applicant  for  a  patent  shall  be 
held  to  furnish  duplicate  drawings,  whenever  the  case  admits  of 
drawings,  one  of  which  to  be  deposited  in  the  ofiice,  and  the 
other  to  be  annexed  to  the  patent  and  considered  a  part  of  the 
specification. 

Sec."  19.  And  be  it  further  enacted,  That  whenever  any 
patentee  shall  have,  through  inadvertence,  accident  or  mistake, 
made  his  specification  of  claim  too  broad,  claiming  more  than 
that  of  which  he  was  the  original  or  first  inventor,  some  material 
and  substantial  part  of  the  thing  })atentcd  being  truly  and  justly 
his  own,  any  such  patentee,  his  administrators,  executors  and 
assigns,  Avhether  of  a  whole  or  of  a  sectional  interest  therein, 
may  make  disclaimer  of  such  parts  of  the  thing  patented  as  the 
disclaimant  shall  not  claim  to  hold  by  virtue  of  the  patent  or 
assignment,  stating  therein  the  extent  of  his  interest  in  such 
patent,  which  disclaimer  shall  be  in  writing,  attested  by  one  or 
more  witnesses,  and  recorded  in  the  i)atent  office,  on  payment 
by  the  persom  claiming,  in  manner  as  other  patent  duties  are 
required  by  law  to  bo  paid,  of  the  sum  of  ten  dollars.     And 


74 

such  disclaimer  shall  thereafter  be  taken  and  considered  as  part 
of  the  original  specification,  to  the  extent  of  the  interest  which 
shall  be  possessed  in  thg  patent  or  right  secured  thereby  by  the 
disclaimant,  and  by  those  claiming  by  or  under  him,  subsequent 
to  the  record  thereof.  But  no  such  disclaimer  shall  affect  any 
action  pending  at  the  time  of  its  being  filed,  except  so  fiir  as 
may  relate  to  the  question  of  imreasonable  neglect  or  delay  in 
filing  the  same. 

Sec.  20.  And  be  it  further  enacted^  That  whenever  applica- 
tion shall  be  made  to  the  commissioner  for  a  patent  for  a  newly 
discovered  improvement  to  be  made  to  an  'existing  patent,  or 
wherever  a  patent  shall  be  returned  for  correction  and  re-issue> 
the  specification  of  claim  annexed  to  every  such  patent  shall  be 
subject  to  revision  and  restriction,  in  the  same  manner  as  are 
original  applications  for  patents  ;  the  commissioner  shall  not  add 
any  such  improvement  to  the  patent  in  the  one  case,  nor  grant 
the  re-issue  in  the  other  case,  until  the  applicant  shall  have 
entered  a  disclaimer  or  altered  his  specification  of  claim  in 
accordance  with  the  decision  of  the  commissioner  ;  and  in  all 
such  cases  the  applicant,  if  dissatisfied  with  such  decision,  shall 
have  the  same  remedy  and  be  entitled  to  the  benefit  of  the  same 
privileges  and  proceedings  as  are  provided  by  law  in  the  case  of 
original  applications  for  patents. 

Sec.  21.  And  be  it  further  enacted,  That  whenever,  by  mis- 
take, accident  or  inadvertence,  and  without  any  wilful  default 
or  intent  to  defraud  or  mislead  the  public,  any  patentee  shall 
have  in  his  specification,  claimed  to  be  the  original  and  first 
inventor  or  discoverer  of  any  material  or  substantial  part  of  the 
thing  patented,  of  which  he  Avas  not  the  original  and  first 
inventor,  and  shall  have  no  legal  or  just  right  to  claim  the  same, 
in  every  such  case  the  patent  shall  be  deemed  good  and  valid 
for  so  much  of  the  invention  or  discovery  as  shall  be  truly  and 
bona-fde  his  own :  Provided,  It  shall  be  a  material  and  sub- 
stantial part  of  the  thing  patented,  and  be  definitely  distin- 
guishable from  the  other  parts  so  claimed,  without  right  as 
aforesaid.  And  every  such  patentee,  his  executors,  administra- 
tors and  assigns,  whether  of  a  whole  or  of  a  sectional  interest 
therein,  shall  be  entitled  to  maintain  a  suit  at  law  or  in  equity 
on  such  patent  for  any  such  infringement  of  such  part  of  the 
invention  or  discovery  as  shall  be  bonafdeh'is  own  as  aforesaid, 
notwithstanding  the  sj^ecification  may  embrace  more  than  he 


T5 

sl.nll  hnvc  any  legal  right  to  claim.  But  in  every  such  case  in 
wliich  a  judgment  or  verdict  shall  be  rendered  for  tlic  plaintiff, 
he  shall  not  bo  entitled  to  recover  costs  against  the  defendant,, 
nnless  he  shall  have  entered  at  the  patent  office,  prior  to  the 
commencement  of  the  suit,  a  disclaimer  of  all  that  part  of  the 
thing  patented  which  was  so  claimed  without  right :  Proridedy 
hopyrer,  That  no  person  bringing  any  such  suit  shall  be  entitled 
to  the  benefits  of  the  provisions  contained  in  this  section,  Avho 
shall  have  unreasonably  neglected  or  delayed  to  enter  at  the 
patent  office  a  disclaimer  as  aforesaid. 

Skc.  22.  And  be  it  further  enacted.  That  in  all  cases  in  which 
an  oath  is  required  by  this  act,  if  the  person  of  whom  it  is 
required  shall  be  conscientiously  scrupulous  of  taking  an  oath, 
affirmation  may  be  substituted  therefor. 

Skc.  23.  And  be  ft  further  enacted,  That  all  moneys  paid 
into  the  treasury  of  the  Confederate  States  for  patents,  and  for 
fees  for  copies  furnished  by  the  commissioner,  shall  be  carried 
to  the  credit  of  the  patent  fund  created  by  this  act;  and  the 
money  constituting  said  fund  shall  be  and  the  same  are  hereby 
appropriated  for  the  payment  of  the  salaries  of  the  officers  and 
clerks  provided  by  this  act,  and  all  other  expenses  of  the  patent 
office,  including  all  the  exjjenditures  provided  for  by  this  act ; 
and  also  for  such  other  ])tir2)oses  as  are  or  may  be  hereafter 
specially  provided  for  by  law.  And  the  commissioner  is  hereby 
authorized  to  draw  upon  such  fund,  from  time  to  time,  for  such 
sums  as  shall  be  necessary  to  carry  into  effect  the  provisions  of 
this  act,  governed,  however,  by  the  several  limitations  herein 
contained.  And  it  shall  be  his  duty  to  lay  before  Congress,  iu 
the  month  of  January,  annually,  a  list  of  all  patents  which  shall 
liave  been  granted  during  the  preceding  year,  designating  under 
jiroper  heads  the  subjects  of  such  patents,  and  furnishing  an 
alphabetical  list  of  the  patentees,  -with  their  places  of  residence  ; 
and  shall  also  furnish  a  list  of  all  patents  Avhich  shall  have 
become  public  property  during  the  same  period,  together  with 
such  other  information  of  the  skate  of  the  patent  office  as  may 
be  useful  to  Congress  0*1-  to  the  i)ublic. 

Sec.  24.  And  be  it  further  enacted.  That  the  commissioner 
is  authorized  to  employ  temporary  clerks  to  do  any  necessary 
transcribing,  whenever  the  current  business  of  the  office  re- 
quires it :  Provided^  koinever.  That  instead  of  salary  a  compen- 


76 

sation  shall  be  allowed,  at  a  rate  not  greater  than  is  chai-gcd  for 
copies  now  furnished  by  the  office. 

Sec,  25.  And  he  it  further  enacted.  That  the  comuiissioncr 
is  hereby  authorized  to  publish  a  classical  and  alphabetical  list 
of  all  patents  granted  by  the  patent  office  previous  to  said  pub- 
lication, and  retain  one  hundred  copies  for  the  patent  office  and 
five  hundred  copies  to  be  deposited  in  the  library  of  Congress, 
for  such  distribution  as  may  hereafter  be  directed ;  and  that  one 
thousand  dollars,  if  necessary,  be  appropriated  out  of  the  patent 
fund,  to  defray  the  expenses  of  the  same. 

Sec.  26.  And  he  it  further  enacted,  That  the  sum  of  five 
hundred  dollars  be  appropriated  from  the  patent  fund,  to  be 
expended  under  the  direction  of  the  commissioner,  for  the  pur- 
chase of  necessary  books  for  the  library  of  the  patent  office. 

Sec.  27.  And  he  it  further  enacted.  That  all  applications  by 
aliens  to  obtain  patents  for  inventions  which  have  already  been 
patented  in  foreign  countries,  shall  be  made  within  six  months 
from  the  date  of  such  foreign  letters  patent.  Nor  shall  letters 
patent  be  granted  to  any  alien  whose  government  is  at  war  with 
the  Confederate  States. 

Sec.  28.  And  he  it  further  enacted,  That  every  person  or 
corjioration  who  has,  or  shall  have  purchased  or  constructed  any 
newly  invented  machine,  manufacture  or  composition  of  matter, 
prior  to  the  application  by  the  inventor  or  discoverer  for  a  pat- 
ent, shall  be  held,  to  possess  the  right  to  use  and  vend  to  others 
to  be  used,  the  specific  machine,  manufacture  or  composition  of 
matter  so  made  or  purchased,  without  liabihty  therefor  to  the 
inventor,  or  any  other. jierson  interested  in  such  invention  ;  and 
no  patent  shall  be  held  to  be  invalid  by  reason  of  such  purchase, 
sale  or  use,  prior  to  the  application  for  a  patent  as  aforesaid, 
except  on  proof  of  abandonment  of  such  invention  to  tlie  public, 
or  that  purchase,  sale  or  prior  use  has  been  for  more  than  two 
years  prior  to  such  application  for  a  patent. 

Sec.  29,  And  he  it  further  enacted.  That  the  provisions  of  the 
14th  section  of  this  act,  shall  ext(jnd  to  all  cases  where  patents  are 
refused  for  any  reason  whatever,  either  by  the  commissioner  of 
patents  or  by  the  Attoi-ney  General,  upon  appeals  from  the  deci- 
sion of  said  commissioner,  as  well  as  where  the  same  shall  have 
been  refused  on  account  of,  or  by  reason  of,  interference  with  a 
previously  existing  patent ;  and  in  all  cases  where  there  is  no 
opposing  party  a  copy  of  the  bill  shall  be  served  upon  tlie  com- 


77 

inissioner  of  patents,  when  the  whole  of  the  expenses  of  the 
proceeding  shall  1)0  paid  by  the  applicant,  whether  the  final 
decision  .sliall  be  in  his  favor  or  otherwise. 

Sec.  30.  Afid  be  it  further  enacted,  That  the  treasurer  of 
the  Confederate  States  be  and  he  hereby  is  authorized  to  pay 
back,  out  of  the  patent  fund,  any  suni  or  sums  of  money  to  any 
person  who  shall  have  paid  the  same  into  the  treasury,  or  to 
any  receiver  or  depositary  to  the  credit  of  the  treasurer,  as  for 
fees  accruing  at  the  patent  office  through  mistake,  and  which  are 
not  provided  to  be  paid  by  existing  laws,  certificate  thereof  be- 
ing made  to  the  said  treasurer  by  the  commissioner  of  patents. 

Sec.  31.  And  be  it  further  enacfed,  That  the  oath  required 
for  applicants  for  patents  may  be  taken,  when  the  applicant  is 
not  for  the  time  being  residing  in  the  Confederate  States,  before 
any  minister  plenipotentiary,  charge  d'aflfaires,  consul,  or  com- 
mercial agent  holding  commission  under  the  government  of  the 
Confederate  States,  or  before  any  notary  public  of  the  foreign 
country  in  which  such  applicant  may  be :  Provided,  Such  for- 
eign state  shall  have  recognized  the  independence  of  the  Con- 
federate States,  and  shall  be  at  the  time  in  amity  with  them. 

Sec.  32.  A?id  be  it  further  enacted,  That  all  patentees  Avisb. 
ing  to  make  payments  for  patents  to  be  issued,  may  pay  all  such 
moneys  to  the  treasurer  of  the  Confederate  States,  or  to  the 
treasurer  of  either  of  the  mints  w'ithin  the  Confederate  States, 
or  to  such  other  depositary  as  shall  be  designed  by  the  Secre- 
tary of  thp  Treasury  or  commissioner  of  }»atents,  in  other  parts 
of  the  Confederate  States,  to  receive  such- jiayments  and  give 
receipts  or  certificates  of  deposit  therefor. 

Sec.  33.  And  be  it  further  enacted.  That  from  all  judgments 
and  decrees  of  any  district  court  rendered  in  any  action,  suit, 
controversy  or  case  at  law  or  in  equity,  arising  under  any  law 
of  the  Confederate  States  granting  or  confirming  to  inventors 
or  discoverers  a  writ  of  error  or  a[»peal,  as  the  case  may  require, 
shall  lie,  at  the  instance  of  cither  party,  to  the  Supreme  Court 
of  the  Confederate  States,  in  the  same  manner  and  under  the 
same  circumstances  as  is  now  provided  by  law  in  other  judg- 
ments and  decrees  of  such  district  courts,  without  regard  to  the 
sum  or  value  in  controversy  in  the  action. 

Sec.  34.  And  be  it  further  enacted,  Thnt  the  commissioner 
of  patents  may  establish  rules  for  taking  affidavits  and  deposi- 
tions required  in  cases  pending  in  the  patent  office,  and  such 


affidavits  aud  depositious  may  be  taken  before  any  justice  of  the 
peace  or  other  ofiicer  authorized  by  Law  to  take  depobit-ions  to 
be  used. in  the  courts  of  the  Confederate  States,  or  in  the  state 
courts  of  any  state  where  such   officer  shall  reside  ;  and  in  any 
contested  case  pending  in  the  patent  office  it  shall  be  lawful  for 
any  clerk  of  any  court  of  the  Confederate  States  for  any  district 
or  territory,  and  he  is  hereby  required,  upon  the  application  of 
any  party  to  such  contested  case,  or  the  agent  or  attoriiey  of 
such  party,  to  issue  subpoenas   for   any  witnesses  residing  or 
being  within  the  said  district  or  territory,  commanding  such 
witnesses  to  appear  and  testify  before  any  justice  of  the  peace, 
or  other  officer  as  aforesaid  residing  within  the  said  district  or 
territory,  at  any  time  and  place  in  the  subpoena  to  be  stated  ; 
and  if  any  witness,  after  being  duly  served  Avith  such  subpoena, 
shall  refuse  or  neglect  to  appear,  or  after  appearing  shall  refuse 
to  testify,  (not  being  privileged  from  giving  testimony,)  such 
refusal  or  neglect  being  proved  to  the  satisfaction  of  any  judge 
of  the  court  Avhose  clerk  shall  have  issued  such  subpauia,  said 
judge  may  thereupon  proceed  to  enforce  obedience  to  the  pro- 
cess, or  to  punish  the  disobedience  in  like  manner  as  any  court 
.of  the  Confederate  States  may  do  in   case  of  disobedience  to 
process  of  subjxena  dd  testi/icandum  issued  by  snch  court ;  and 
witnesses  in  such  cases  shall  be  allowed  the  same  corajjensation 
as  is  allowed  to  witnesses  attending  the  courts  of  the  Confede- 
rete  States :  Provided,  That  no  Avitness  shall  be  required  to 
attend  at  any  place  more  than  forty  miles  from  the  place  where 
the  subp(pna  shall  be  served  upon  him  to  give   a   deposition 
under   this  law :    Provided,  also,   That   no    witness   shall  be 
deemed  guilty  of  contempt  for  refusing  to  disclose  any  secret 
invention  made  or  owned  by  him:  A?id provided,  ficrther,  That 
no  witness  shall  be  deemed  guilty,  of  contempt  for  disobeying 
any  subpoena  directed  to  him  by  virtue  of  this  act,  unless  his 
fees  for  going  to,  returning  from,  and  one  day's  attendance  at 
the  place  of  examination  shall  be  paid  or  tendered  to  him  at  the 
time  of  the  service  of  the  subpoena. 

Sec.  35.  A?id  be  it  further  enacted,  That  no  appeal  shall  be 
allowed  to  the  Attorney  General  from  the  decisions  of  the  exam- 
iners, except  in  interference  cases,  until  after  the,  application 
shall  have  been  twice  rejected  ;  and  the  second  examination  of 
the  application  by  the-  primary  examiner  shall  not  be  had  until 
the  applicant,  in  view  of  the  references  given  on  the  first  rejec- 


79 

tion,  shall  have  renewed  llie  oath   of  inventiou  as  provided  for 
in  this  act.  ,    ' 

Sec.  36.  And  he  it  further  enactad^  That  the  salary  of  the 
commissioner  of  patents,  from  and  after  the  passage  of  this  act, 
shall  be  three  thousand  dollars  per  annum;  that  of  the  chief 
clerk  eighteen  hundred  dollars  per  annum  ;  that  of  each  exj^mi- 
ncr  of  patents  two  thousand  dollars  per  annum,  and  that  of  each 
regularly  employed  record  or  olhor  clerk,  one  thousand  dollars 
l>er  annum. 

Sec.  37.  And  he  it  further  enacted^  That  the  commissioner 
of  patents  is  authorized  to  restore  to  the  respective  applicants,  or 
when  not  removed  by  them  to  otherwise  dispose  of,  such  of  the 
models  belonging  to  rejected  ajjjilicants  as  he  shall  not  think 
necessary  to  be  preserved.  The  same  authority  is  also  given  in 
relation  to  all  models  accompanying  applications  of  designs  and 
inventions,  lie  is  further  authorized  to  dispense  Avith  models 
of  designs,  when  the  design  can  be  sutliciently  represented  by  a 
drawing. 

Sec.  38.  And  he  it  Jurther  enacted,  That  the  commissioner 
may  require  all  papers  tiled  in  the  patent  office,  if  not  correctly, 
legibly  and  plainly  written,  to  be  jirinted  at  the  cost  of  the  par- 
ties filing  such  papers ;  and  for  gross  misconduct  he  may  refuse 
to  recognize  any  person  as  a  patent  agent,  either  generally  or  in 
any  particular  case ;  but  the  reasons  of  the  commissioner  for 
such  refusal  shall  be  ^luly  recorded,  and  subject  to  the  approval 
of  the  President  of  the  Confederate  States. 

Sec.  39.  And  he  it  farther  enacted.  That  no  money  paid  as 
a  fee  on  any  application  for  a  patent  after  the  passage  of  this 
act  shall  be  Avithdrawn  or  refunded,  nor  shall  the  fee  paid  on 
filino:  a  caveat  be  considered  as  part  of  the  sum  required  to  be 
paid  on  filing  a  subsequent  application  for  a  patent  for  the  same 
invention.  That  the  three  months'  notice  given  to  any  caveator, 
in  pursuance  of  the  requirements  of  the  11th  section  of  this  act, 
shall  be  computed  from  the  day  on  which  such  notice  is  depos- 
ited in  the  post-office  at  the  seat  of  Government  of  this  Confed- 
eracy, with  the  regular  time  for  transmission  of  the  same  added 
thereto,  which  time  shall  be  endorsed  on  the  notice. 

Sec.  40.     And  he  it  further  enacted,  That  the  following  shall 
be  the  rates  of  fees  in  all  cases,  respectively: 
On  filing  a  caveat,  ten  dollars. 


80 

'  On  filing  each  original  application  for  a  patent,  except  for  a 
design,  twenty  dollars. 

On  issuing  each  original  patent,  twenty  dollars. 

On  et^ery  ajDijeal  to  the  Attorney  General,  twenty-five  dollars. 
•  On  every  application  for  the  re-issue  of  a  patent,  thirty  dol- 
lars. 

On  filing  each  disclaimer,  ten  dollars. 

For  recording  patents,  as  provided  for  in  section  49,  ten  cents 
for  every  hundred  words. 

For  certified  copies  of  patents  and  other  papers,  ten  cents  per 
hundred  words. 

For  recording  every  assignmBnt,  agreement,  power  of  attor- 
ney, and  other  papers,  of  three  hundred  words  or  under,  one 
dollar. 

For  recording  every  assignment  and  other  paper,  over  three 
hundred  words  and  under  one  thousand  Avords,  two  dollars. 

For  recording  every  assignment  and  other  writhig,  if  over  one 
thousand  words,  three  dollars. 

For  copies  of  drawings,  the  reasonable  cost  of  making  the 
same. 

Sec.  41.  And  he  it  further  enncted^  That  any  person  or  per- 
sons who,  by  his,  her  or  their  own  industry,  genius,  eiforts  and 
ejfpense,  may  have  invented  or  produced  any  new  and  original 
design  for  a  manufacture,  whether  of  metal  or  other  material  or 
materials,  an  original  design  for  a  bust,  statue  or  bass-relief,  or 
composition  in  basso  or  alto  relievo,  or  any  new  or  original  im- 
pression or  ornament,  or  to  be  placed  on  any  article  of  manu- 
facture, the  same  being  formed  in  marble  or  other  material,  or 
any  new  and  useful  pattern,  or  print,  or  picture,  to  be  either 
worked  into  or  worked  on,  or  printed,  or  painted,  or  cast,  or 
otherwise  fixed  upon  any  article  of  manufacture,  or  any  new  and 
original  shape  or  configuration  of  any  article  of  manufacture  not 
known  or  used  by  others  before  his,  her  or  their  iirveutiou  or 
production  thereof,  and  prior  to  the  time  of  his,  her  or  their 
application  for  a  patent  therefor,  and  who  shall  desire  to  obtain 
an  exclusive  property  or  right  therein,  to  make,  use,  sell  and 
vend  the  same,  or  copies  of  the  same,  to  others,  by  them  to  be 
made,  used  and  sold,  may  make  application  in  writing  to  the 
commissioner  of  patents  expressing  such  desire ;  and  the  com- 
missioner, on  due  proceedings  had,  may  grant  a  patent  therefor, 
as  in  the  case  now  of  application  for  a  patent,  for  the  term  of 


81 

three  and  one-linlf  years,  or  for  the  term  of  seven'  years,"  or  for 
the  term  of  fourteen  years,  as  tlie  said  appUcant  may  elect  inliis 
application :  Provided^  That  the  fee  to  be  paid  in  siu-h  applica- 
tion shall  be  for  the  term  of  throe  years  and  six  months,  ten 
dollars  ;  for  seven  years,  fifteen  dollars  ;  and  for  fourteen  years, 
tvrenty  dollars. 

,  Sec.  42.  A)id  he  it  further  enacted^  That  all  applications  for 
patents  shall  be  completed  and  prepared  for  examination  within 
two  years  after  the  filing  of  the  petition,  and  in  default  thereof 
they  shall  be  rcgaided  as  abandoned  by  the  pai'lies  thereto, 
unless  it  be  shown  to  the  satisfaction  of  the  commissioner  of 
patents  that  such  delay  Avas  unavoidable ;  and  all  applications 
now  pending  shall  be  treated  as  if  filed  after  the  passage  of  this 
act. 

Skc.  4  3.  And  he  it  further  enacttd^-  That  in  all  cases  where 
an  article  is  made  or  vended  by  any  person  under  the  protec- 
tion of  letters  patent,  it  shall  be  the  duty  of  such  person  to  give 
sufficient  notice  to  the  public  that  said  article  is  so  patented, 
either  by  fixing  thereon  the  word  patented,  together  with  the 
day  and  year  the  patent  was  granted,  or  when,  from  tlie  char- 
acter of  the  article  patented,  that  may  be  impracticable,  by  en- 
veloping one  or  more  of  the  said  articles  and  aftixing  a  label  to 
the  package,  or  otherwise  attaching  thereto  a  label,  on  wliicli 
the  notice,  with  the  date,  is  prhited  \  on  lailure  of  which,  in  any 
suit  for  the  infringement .  of  letters  patent  by  the  i>arty  failing 
so  to  mark  the  article  the  right  to  which  is  infringed  upon,  no 
damage  shall  be  recovered  by  the  plaintitf;  except  on, proof  that 
the  defendant  was  duly  no,tified  of  , the  infringement,  and  con. 
tinned,  after  such  notice,  to  nuike  or  vend  the  article  patented. 

Skc.  44.  And  he  it  furtlier  enacted,  That  the  commissioner 
of  patents  be  and  he  is  hereby  authorized  to  print,  or  in  his  dis- 
cretion to  cause  to  be  printed,  ten  copies  of  the  description  and 
claims  of  all  patents  which  may  hereafter  be  granted,  and  ten 
copies  of  the  drawings  of  the  same,  Avhen  drawings  shall  accom- 
pany the  patent :  Provided,  The  cost  of  printing  the  text  of 
said  description  and  claims  sliall  not  exceed,  exclusive  of  sta- 
tionery, the  sum  of  two  cents  per  hundred  words  for  each  of 
said  copies,  and  the  cost  of  the  drawing  shall  not  exceed  fifty 
cents  per  copy  ;  one  copy  of  the  above  number  shall  be  printed 
on  parchment,  to  be  affixed  to  the  letters  patent.  The  work 
sliall  be  under  the  direction  and  sulyect  to  the  approval  of  the 


82 

commissioner  of  patents,  and  the  expense  of  the  said  copies 
shall  be  paid  for  out  of  the  patent  fund.  » 

Sec.  45.  And  be  it  further  enaated.  That  printed  copies  of 
the  letters  patent  of  the  Confederate  States,  with  the  seal  of  the 
patent  office  affixed  thereto,  and  certified  and  signed  by  the 
commissioner  of  patents,  shall  be  legal  evidence  of  the  contents 
of  said  letters  patent  in  all  cases. 

Sec.  46.  And  be  it  further  enacted^  That  no  discrimination 
shall  be  made  between  the  inhabitants  of  the  Confederate  States 
a,nd  those  of  other  countries  which  shall  not  discriminate  against 
the  inhabitants  of  the  Confederate  States  in  regard  to  patent 
office  fees;  and  should  any  country  discriminate  against  the 
Confederate  States,  the  same  fees  shall  be  charged  against  the 
inhabitants  of  said  comitry  as  are  charged  by  it  against  the  in- 
habitants of  the  Confederate  States. 

'Sec.  47,  And  he  it  further  enacted^  That  at  the  expiration 
of  three  years  from  the  date  of  any  patent  hereafter  to  be 
issued,  there  shall  be  paid  to  the  commissioner,  by  the  patentee 
or  assignee  of  such  pateiit,  a  fee  of  ten  dollars,  and  the  same 
amount  at  the  expiration  of  seven  years ;  and  if  such  fees  are 
not  so  paid,  such  patent  shall  be  deemed  abandoned,  and  shall 
^e  null  and  void. 

Sec.  48.  And  be  it  further  enacted^  That  all  moneys  received 
by 'the  commissioner  under  this  act  shall  be  by  him  paid  into 
the  treasury,  and  shall  constitute  a  fund  for  the  payment  of  the 
salaries  of  officers  and  clerks  herein  provided  for,  and  all  other 
expenses  of  the  jjatent  office,  and  to  be  called  a  patent  fund. 

Sec.  49.  And  he  it  further  enacted^  That  all  patents  hereto- 
fore granted  and  issued  by  the  United  States  to  any  person  or 
persons  now  a  citizen  or  citizens  of  either  of  the  states  of  this 
Confederacy,  or  of  the  states  of  Tennessee,  Arkansas  and  North 
Carolina,  or  now  held  by  assignment  by  any  such  citizen  or 
citizens,  shall  continue  in  force  for  the  term  for  which  they  were 
issued  yet  unexpired,  and  if  assigned  in' part  only  to  any  citizen 
of  this  Confederacy,  or  of  the  states  aforesaid,  shall  continue  in 
force  for  such  part :  Provided,  Said  assignment  was  bona  fide 
made  prior  to  the  fourth  day  of  February,  1861 :  Provided 
further,  Nothing  contained  in  this  act  shall  be  construed  to 
recognize  any  renewal  or  extension  of  a  patent  by  the  United 
States  heretofore  made  :  Provided  further,  That  patents  or  the 
deed  of  assignment  therefor  provided  for  in  this  section,  shall 


■•'88 

be  recorded  in  the  patent  office  of  the  Confederate  States,  anS 
there  also  shall  be  deposited  in  said  office  such  models  or 
deScriiitive  drawings  as  may  be  necessary  to  identify  and  explain 
the  subject  matter  of  said  patents ;  and  all  persons  claiming  the 
benefit  of  this  section  shall  pay  to  the  commissioner  of  j^atents 
"the  sum  of  twenty  dollars  for  the  use  of  the  patent  fund,  unless 
such  patents  are  •  so  filed  for  record,  with  such  drawings  or 
models  as  aforesaid,  within  nine  months  from  the  date  of  publi- 
cation of  this  act,  they  shall  considered  as  abandoned,  and  shall 
be  null  and  void.  And  it  shall  be  the  duty  of  the  commissioner 
to  endorse  on  each  patent  so  filed  for  record  the  date  of  such 
filing,  and  also  a  certificate  under  the  seal  of  his  office  that  said 
patent  has  been  recorded,  which  certificate  shall  be  evidence  of 
the  fact  in  any  court  of  justice,  whether  of  the  state  or  of  the 
Confederacy,  and  of  the  rights  of  the  owner  thereof  to  use  said 
patent ;  and  such  patents  shall,  after  they  are  recorded,  be 
returned  to  the  owner  thereof. 

Skc.  50.  And  be  it  further  eyiacted,  That  in  case  the  origi- 
nal inventor  or  discoverer  of  the  art,  machine  or  improvement 
for  Avhich  a  patent  is  solicited  is  a  slave,  the  master  of  such^lave 
may  take  an  oath  that  the  said  slave  was  the  original  inventor; 
and  on  complying  with  the  requisites  of  the  law,  shall  receive  a 
patent  for  said  discovery  or  invention,  and  have  all  the  rights 
to  which  a  patentee  is  entitled  by  law. 

Sec.  51.  That  all  patents  issued  by  the  government  of  the 
United  States,  in  favor  of  citizens  or  subjects  of  foreign  coun- 
tries, prior  to  the  eighth  day  of  February  last,  shall  have  the 
same  force  and  effect  in  these  Confederate  States  as  if  issued 
under  the  authority  of  these  states :  Provided^  That  this  sec- 
tion shall  not  take  effect  in  favor  of  any  alien  enemy,  holder  or 
assignee  of  any  such  patent  as  aforesaid. 

Sec.  52.  And  be  it  further  enacted^  That  this  act  shall  take 
•  effect  and  be  in  force  from  and  after  its  passage. 

Approved  May  21,  18G1. 


•j 


/ 


84 
m.  166.],  AN  ACT 

To  establish  the  Judicial  Courts  of  the  Confederate  States  oi 
America  iu  the  State  of  Virginia. 

Sectio:n'  1.  The  Congress  of  the  Confederate  States  of 
Arnerica  do  enact^  That  the  State  of  Virginia  shall  constitute 
two'  judicial  districts,  the  territarial  bovindaries  of  which  sTiall 
be  the  same  as  those  existing  by  force  of  the  laws  of  the  United 
States,  when  the  said  State  of  Virginia  seceded  fi-om  the  United 
States,  and  shall  be  knowii  and  designated  as  the  Eastern  and 
Western  Judicial  Districts  of  the  Confederate  States  of  America 
in  Viro'inia. 

Sec.  2.  JBe  it  further  enacted^  That;  a  judge  and  marshal  and 
attorney  shall  be  appointed  by  the  President  of  the  Confederate 
States  for  each  of  said  districts;  and  that  the  jurisdiction  exer- 
cised by  the  said  district  courts  and  the  judges  thereof  shall  be 
the  same  in  allrespects  as  that  exercised  by  the  other  district 
courts  of  the  Confederate  States  and  the  judges  of  such  courts, 
respectively ;  and  that  the  said  courts  shall  in  all  respects  be 
subject  to  the  provisions  of  the  act  entitled  "An  act  to  establish 
the  judicial  courts  of  the  Confederate  States  of  America." 

Approted  May  21,  1861. 


Ko.  l^Y.]  AN  ACT 

'To  prescribe  the  mode  of  publishing  the  Laws  and  Treaties  of 
the  Confederate  States.- 

'  •'^ECTtbif  1 .  The  Congress  of  the  Confedeixite  States  of 
xLnXerica  do  eyiact,  That  it  shall  be  the  duty  of  the  Attoniey 
Oettcral  to  select  from  the  laws  and  resolutions  passed  at  each 
session,  such  as  may  be  of  a  public  nature  and  which  in  his 
judgment  require  inimediate  publication',  and  cause  the  same  to 
be  inserted  Aveekly,  for  one  month,  in  one  public  gazette  pub- 
lished at  the  seat  of  government  in  ei^ch  state,  and  also  in  two 
gazettes  published  at  the  capital  of  the  Confederate  States. 

Se€.  2.  All  treaties  entered  into  by  the  Confederate  States 
shall  be  published  in  the  same  manner ;  but  the  President  may, 
in  his  discretion,  order  the  publication  of  particular  treaties  iu 
other  gazettes  published  at  other  places. 

Sec.  3.    The  compensation  for  publication  of  the'  laws  in  the 


,85 

gazettes  shall  not  exceed  one-dollar  aiid  a  lialf  per  .page,  esti- 
mated according  to  Lil^tle  &  Brown's  edition  of  tte  laws  of  the 
United  States. 

..Appkoved  May  21,  18GL 


No.  1G8.]  AN  ACT 

To  prescrihe  the  Salary  of  the  Piivatc  Secretary  of  the  Presi- 
dent of  the  Confederate  States. 

Secttox  1.  T/ie  Co}7(/ress  of  the  Confederate .  States  do 
etiact,  That  froni  and  after  the  ])assage  of  this  act,  the  salary  of 
the  private  secretary  of  the  President  of  the  Confederate  StatCNS 
shall  be  at  the  rate  of  fifteen  hundred  dollars  per  annum. 

Sec.  2.  x\ll  laws  and  parts  of  laws  mitigating  against  this  act, 
be  and  the  same  are  hereby  repealed. 

Approved  May  21,1861. 


No.  169.]  AN  ORDINANCE 

Of  the  Convention  of  the  Congress  of  the  Confederate  States. 

He  it  ordained  by  the  Congress  of  the  Confederate  States  of 
America^  That  the  second  paragraph  of  the  first  section  of 'the 
third  Article  of  the  Constitution  of  the  Confederate  States  of 
America,  be  so  amended  in  the  first  line  of  said  paragraph,  as 
to  read,  "  Each  state  shall,  until  otherwise  enacted  by  law,  con- 
stitute a  district ;"  and  in  the  sixth  line,  after  the  word  "judge," 
add  "  or  judges." 

Appkovep  May  21,  1861. 


No.  IVO.]  AN  ACT 

To  amend  an  act  entitled  "An  Act  recognizing  the  existence  of 

war  between  the  United  States  and  the  Confederate  States, 

•and  concerning  Letters  of  Marque,  Prizes  and  Prize  Goods, 

approved  May  ^th,  one  thousand  eight  hundred  and  sixty-one. 

'       ',  .  •  '  • 

•    Sicc'rioN,  1.     The  Congress  of  the  Confederate  States  do  enact ^ 

That  the  tenth  section  of  the  above  entitled  act  be  so  amended 


86- 

tliat,  in  addition  to  the  bounty  therein  mentioned,  the  govern- 
ment of  the  Confederate  States  will  pay  to  the  CTuiser  or  cruis- 
ers of  any  private  armed  vessel  commissioned  under  said  act, 
twenty  per  centum  on  the  value  of  each  and  every  vesselof  war 
belonging  to  the  enemy,  that  may  be  sunk  or  destroyed  by  such 
private  armed  vessel  or  vessels,  the  value  of  the  armament  to  be 
included  in  the  estimate.  The  valuation  to  b'e  made  by  a  board 
of  naval  officers  appointed,  and  their  award  to  be  approved  by 
the  President,  and  the  amount  found  to  be  due  to  be  payable  in 
eight  per  cent,  bonds  of  the  Confederate  States. 

Sec.  2.  That  if  any  person  Avho  may  have  invented  or  may 
hereafter  invent  any  new  kind  of  armed  vessel,  or  floating  bat" 
tery,  or  defence,  shall  deposit  a  plan  of  the  same,  accompanied 
by  suitable  explanations  or  specifications,  in  the  navy  depart- 
ment, together  Avith  an  affidavit  setting  forth  that  he  is  the 
inventor  thereof,  such  deposit  and  affidavit  (unless  the  facts  set 
forth  therein  shall  be  disproved)  shall  entitle  such  inventor  or 
his  assignsto  the  sole  and  exclusive  enjoyment  of  the  rights  and 
privileges  conferred  by  this  act,  reserving,  however,  to  the  gov- 
ernment, in  all  cases,  the  right  of  using  such  invention. 

Apekoved  May  21,  1861. 


No.  17.1.]  AK  ACT 

To  provide  for  the  pay  of  additional  officers,  non-commissioned' 
officers,  musicians  and  privates  of  the  Marine  Corps,  to  con- 
stitute a  Regiment,  and  for  the  additional  clothing  and  sub- 
sistence of  the  non-commissioned  officers,  musicians  and  pri- 
vates, for  the  year  ending  February  the  eighteenth, .  eighteen 
hundred  and  sixty-two. 

The  Congress  of  the  Confederate  States  of  America  do  enact^ 
That  the  sum  of  ninety-five  thousand  two  hundred  and  forty 
dollars  be  and  the  same  is  hereby  appropriated  out  of  any  money 
in  the  treasury  not  otherwise  appropriated,  for  the  pay  of  addi- 
tional officers,  musicians  and  privates  of  the  marine  corps,  and 
subsistence  for.  the  same  for  and  during  the  year  ending  Febru- 
ary tiie  eighteenth,  eighteen  hundred  and  sixty-two,  said  sum 
to  be  appropriated  as  follows:  One  colonel,  (for  nine  months,) 
two  thousand  dollars ;  lieutenant  colonel,  (for  nine  months,) 
eighteen  hundred  dollars;  quartermaster,  (additional,)  fivehun^ 


87 

dred  dollars;  paymaster,  (additional,)  five  hundred  dollars; 
adjutant,  (additional,)  five  hundred  dollars  ;  four  captains,  five 
thousand  two  hundred  dollars  ;  four  first  lieutenants,  three  thou- 
sand six  hundred  dollars ;  fourteen  second  lieutenants,  ten  thou- 
sand and  eighty  dollars  ;  additional  non-commissioned  officers 
and  musicians,  four  thousand  eight  hundred  dollars ;  two  hun- 
dred and  forty  additional  privates  at  eleven  dollars  per  month, 
twenty-three  thousand  seven  hundred  and  sixty  dollars;  addi- 
tional clothing  for  non-commissioned  officers,  musicians  and 
privates,  fifteen  thousand  dollars;  additional  rations  for  non- 
commissioned officers,  musicians  and  privates,  sixty-six  thou- 
sand rations  at  sixteen  thousand  five  hundred  dollars  ;  additional 
expenses  of  recruiting,  transportation  of  officers  and  men,  five 
thousand  dollars  ;  pay  of  armories  and  purchase  of  small  arms, 
ordnance  stores,  accoutrements,  flags,  &c.,  four  thousand  dol- 
lars ;  contingencies,  including  freight,  cartage,  &c.,  two  thou- 
sand dollars. 

Approved  May  21,  1861. 


No.  112.]  AN  ACT 

To  increase  the  Clerical  Force  of  the  Treasury  Department,  in 
the  Bureau  of  Second  Auditor. 

The  Congress  of  the  Confederate  States  of  America  do  enact^ 
That  the  clerical  force  in  the  office  of  Second  Auditor  of  the 
Treasury  Department  shall  consist  as  follows :  One  chief  clerk, 
at  a  salary  of  fourteen  hundred  dollars  per  annum  ;  five  clerks  at 
salaries  each  of  twelve  hundred  dollars  per  annum ;  and  five 
clerks  with  salaries  each  of  one  thousand  dollars  per  annum : 
Provided,  That  the  Secretary  of  the  Treasury  shall  have  the 
same  power  to  distribute  said  clerks  among  the  other  bureaus 
of  the  Treasury  Department,  if  in  his  judgment  the  public  inter- 
est requires,  as  is  given  to  him  by  the  act  '-'To  create  the  cleri- 
cal force  of  the  several  executive  departments  of  the  Confede- 
rate States  of  America,"  approved  March  seventh,  eighteen  hun- 
dred and  sixty-one. 

Approved  May  21,1861. 


88 
Xo.  1^3.]  A  •RESOLUTION 

In  regard  to  the  Clerical  Department  of -Congress. 

Jlesolved  hy  the  Congress  of  the  Confederate  States  of 
Ai?ier,ic'a,  That  the  Secretary  of  the  Congress  be  authorized -to 
employ  such  additional  clerical  force  as  may  be  necesaary  to 
dispatch  the  business  of  his  office,  during  the  remainder  of  the 
session,  at  six  dohars  per  day  each.    ' 

Appkoved   May  21,  1861. 


No.  1T4.]  A  RESOLUTION 

To  provide  for  the  Removal  of  the  Scat  of  Government. 

'  Resolved  hy  the  Congress  of  the  Confederate  States  of 
America^  That  this  Congress  will  adjourn  on  "Tuesday  next,  to 
meet  again  on  the  twentieth  day  of  July,  at  Richmond,  Vir^ 
ginia ;  and  that  a  committee  of  three  members  of  this  Congress 
be  appointed  to  make  suitable  arrangements  for  the  accommo- 
dation of  Congress,  and  of  the  several  executive  departments. 
Jiesolved,  further^  That  the  President  be  and  is  hereby  author- 
ized to  cause  the  several  executive  departments,  with  the  archives 
thereof,  to  be  removed  at  such  time  between  thfs  and  the 
twentieth  day  of  July  next,  as  he  may  determine,  to  Richmond  : 
Provided,  hoioever,  That  in  case  of  any  public  emergency  which 
ifiay,  in  the  judgment  of  the  President,  render  it  impolitic  to 
meet  in  Richmond,  the  President  shall  have  power  by  procla- 
mation to  call  the  Congress  together  at  some  other  convenient 
place  to  be  selected-  by  him. 
Approved  May  21,  1861. 


No.  iVo.]  AN  ACT 

To  authoi-ize  ccrtahi  Debtors  to  pay  the  amounts  due  by  them 
into  the  Treasury  of  the  Confederate  States. 

SectiOi:^  1.  The  Congress  of  the  Confederate  States  of 
Arh.erica  do  enact,  That  all  persons  in  any  manner  indebted  to 
individuals  or  corporations  in  the  United  States  of  America, 
(except  the  States  of  Delaware,  Maryland,  Kentucky  and  Mis- 
souri, and, the  District  of  Columbia,)  be  and  are  hereby  prohib- 


89 

ited  from  paying  the  same  to  their  respective  ci'editors,  or  their 
agents  or  assignees,  pending  the  existing  war  waged  by  that 
government  against  the  Confederate  States,  or  aiiy  one  of  the 
slaveholding  states  before  named. 

•  Sec.  2.  Any  person  indebted  as  aforesaid  shall  be  and  is 
hereby  authorized  to  pay  the  amovmt  of  his  indebtedness  into 
the  treasury  of  the  Confederate  States,  in  specie  or  treasury 
notes,  and  shall  receive  from  tlie  treasurer  a  certificate,  counter- 
signed by  the  register,  showing  the  amount  paid  and  on  Avhat 
account,  and  the  rate  of  interest  which  the  same  was  bearing. 

Skc.  3.  Such  certificate  shall  bear  like  interest  with  the 
original  contract,  and  shall  be  redeemable,  at  the  close  of  the 
Avar  and  the  restoration  of  peace,  in  specie  or  its  equivalent,  on 
presentation  of  the  original  certificate. 

•  Sec.  4.     All  laws  and  parts  of  laws  militating  against  this  act 
be  and  the  same  are  hereby  repealed. 

AprROVED  May  21,  1861. 


No.  176.]  AN  ACT 

To  transfer  the  Testimony  taken  by  Commission,  in  certain  suits 
therein  named,  brought  in  the. Circuit  and  District  Courts  of 
the  Unitfed  States  of  America  to  the  State  Courts  of  the  Con- 
federate States,  and  to  authorize  the  same  to.be  read  in  said 
State  Courts. 

Section'  1.  The  Congress  of  the  Confederate  ^tates  of 
America  do  enacts  That  in  all  cases  where  suits  have  been 
instituted  in  the  circuit  or  district  courts  of  the  United  States 
of  America,  whethc-  at  law  or  in  equity,  by  a  citizen  or  citizens 
of  one  of  the  Confederate  States  of  America,  against  a  eitizen 
or  citizens  of  another  of  the  said  Confederate  States,  and  said 
suits  or  any  of  them  shall  be  recommenced  in  the  state  courts  of 
any  of  the  Confederate  States,  the  evidence  taken,  in  sUch 
suits  whilst  pending  in  the  circuit  or  district  courts  of  the  United 
States,  by  commission,  shall  be  read  upon  the  trial  of  such  suits 
so  recommenced  in  the  state  courts  aforesaid,  under  such  -rules 
and  regulations  as  obtain  res}>ectively  in  the  state  courts  of  the 
Confederate  States ;  except  that  no  objection  shall  be  good  and 
available  to  the  execution  and  return  of  the  commissions  for 
taking  testimony  which  would  not  be  good  and  available  in  the 


90 

circuit  or  district  courts  of  the  United  States  from  which  they 
issued,  and  that  all  consents  between  parties  or  their  attorneys 
entered  into  touching  the  return  and  execution  of  the  commis- 
sions for  taking  testimony  and  as  to  the  admissibility  of  e\'i- 
dence,  entered  into  in  the  said  suits  whilst  pending  in  the  said 
courts  of  the  United  States,  shall  be  valid,  and  obtain  in  the 
said  suits  so  recommenced  in  the  state  courts  of  the  Confeder- 
ate States. 

Sec.  2.  That  upon  the  application  of  either  party,  his  agent 
or  attorney,  it  shall  be  the  duty  of  the  clerk  of  the  district 
courts  of  the  Confederate  States  to  transmit  under  his  hand 
and  seal,  duly  certified,  all  the  testimony,  taken  by  commission 
in  any  case  so  brought  as  aforesaid  in  any  of  the  circuit  or  dis- 
trict courts  of  the  United  States,  to  the  clerk  of  the  state  court 
where  the  same  may  be  recommenced,  as  well  as  all  consents  as 
aforesaid  touching  the  execution  and  return  of  commissions 
and  the  admissibility  of  testimony. .  That  he  shall  receive  for 
such  service  the  sura  of  one  dollar,  to  be  paid  by  the  party 
applying  for  the  same,  w^hich  sum  shall  be  taxed  in  the  bill  of 
cost  in  the  state  courts,  and  abide  the  result  of  the  suit  as  other 
costs  in  like  cases. 

Sec.  3.  Be  it  further  enacted^  That  the  State  of  Arkansas 
shall  constitute  two  judicial  districts,  the  limits  and  boundaries 
of  which  and  the  officers  thereof,  shall  be  the  same  as  existed  by 
force  of  the  laws  of  the  United  States  when  the  State  of  Arkan- 
sas seceded  from  the  United  States,  and  such  districts  shall  be 
known  and  designated  as  the  eastern  and  western  judicial  dis- 
tricts of  the  Confederate  States  of  America  in  Arkansas. 

Sec.  4.  Be  it  further  enacted,  That  the  judge,  marshals 
and  attorneys  for  said  districts  shall  be  appointed  by  the  Presi 
dent,  and  that  the  jurisdiction  exercised  by  said  district  courts 
and  the  judges  thereof  shall  be  the  same  in  all  respects  as  that 
exercised  by  the  other  district  courts  of  the  Confederate  States 
and  judges  thereof,  and  that  the  said  courts  shall  in  all  respects 
be  subject  to  the  provisions  of  the  act  entitled  "an  act  to  estab- 
lish the  judicial  courts  of  the  Confederate  States  of  Ameiica." 

Approved  May  21,  1861. 


91 

No.  177.]  AN  ACT 

To  prohibit  the  Exportation  of  Cotton  from  the  Confederate 
States,  except  through  the  seaports  of  said  States  ;  and  to 
punish  persons  offending  therein. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact,  That  from  and  after  the  first  day  of  June 
next,  and  during  the  existence  of  the  blockade  of  any  of  the 
ports  of  the  Confederate  States  of  America  by  the  govern- 
ment of  the  United  States,  it  shall  not  be  lawful  for  any 
person  to  export  any  raw  cotton  or  cotton  yarn  from  the  Cou- 
fedei-ate  States  of  America,  except  through  the  seaports  of  the 
said  Confederate  States ;  and  it  shall  be  the  duty  of  all  the  mar- 
shals and  revenue  ofticers  of  the  siiid  Confederate  States  to  pre- 
vent all  violations  of  this  act. 

Sec.  2.  If  any  person  shall  violate,  or  attempt  to  violate  or 
evade  the  provisions  of  the  foregoing  section,  he  shall  forfeit  all 
the  cotton  or  cotton  yarn  thus  attempted  to  be  illegally  export- 
ed, for  the  use  of  the  Confederate  States  ;  and  in  addition  thereto 
he  shall  be  guilty  of  a  misdem,eanor,  and  on  conviction  thereof 
shall  be  fined  in  a  sum  not  exceeding  five  thousand  dollars,  or 
else  imprisoned  in  some  public  jail  or  penitentiary  for  a  period 
not  exceeding  six  months,  at  the  discretion  of  the  court,  after 
conviction  upon  trial  by  a  court  of  competent  jurisdiction. 

Sec.  3.  Any  person  informing  as  to  a  violation  or  attempt 
to  violate  the  provisions  of  this  act,  shall  be  entitled  to  one-half 
the  proceeds  of  the  articles  forfeited  by  reason  of  his  informa- 
tion. ^ 

Sec.  4.  Any  justice  of  the  peace,  on  information  under  oath 
from  any  person,  of  a  violation  or  attempt  to  violate  this  act, 
may  issue  his  warrant  and  cause  the  cotton  or  cotton  yarn  speci- 
fied in  the  aflidavit  to  be  seized  and  retained  until  an  investiga- 
tion can  be  had  before  the  courts  of  the  Confederate  States. 

Sec.  5.  Every  steamboat  or  railroad  car  which  shall  be  used 
with  the  consent  of  the  owner  or  person  having  the  same  in 
charge,  for  the  purpose  of  violating  this  act,  shall  be  forfeited 
in  like  manner  to  the  use  of  the  Confederate  States.  But  noth- 
ing in  this  act  shall  be  so  construed  as  to  prohibit  exportation, 
of  cotton  to  Mexico  through  its  co-terminous  frontier. 

Approved  May  21,,  1861. 


%. 


92 

Xo.  178.]  AX  ACT 

To  provide  for  the  Pay  of  the  Officers  who  have  resigned  from 
the  United  States  Navy,  and  whom  it  is  proposed  to  add  to 
the  Confederate  States  Xavy. 

Be  it  enacted  hy  the  Congress  of  the  Confederate  States  of 
America,  That  the  sum  of  three  hundred  and  fifty-two  thousand 
six  hundred  dollars  be  and  the  same  is  hereby  appropriated  out 
of  any  money  in  tlie  treasury  not  otherwise  appropriated,  to  be 
expended  in  the  pay  of  the  officers  Avho  have  resigned  from  the 
United  States  Navy,  and  whom  it  is  j^roposed  to  add  to  that  of 
the  Confederate  States,  said  sum  to  be  appropriated  as  follows : 
For  the  pay  of  twelve  captains,  on  and  ofi'  duty,  140,000  ;  twenty- 
nin'e  commanders,  on  and  off  duty,  171,000  ;  eighty  lieutenants, 
8139,400  ;  twenty-five  surgeons,  including  passed  assistant  sur- 
geons, 856,200;  twelve  assistant  surgeons,  $14,400  ;  sixteen  pay- 
masters, |31,G00.  To  pay  Captains  Lawrence  Rousseau,  Josiaii 
Tattnall,  Victor  M.  Kandolpli,,  and  Duncan  M.  Ingraham,  and 
Commander  Raphrecl  Semmes  certain  travelling  expenses,  as 
per  resolution  of  March  15th,  1861,  (|593,)  five  hundred  and 
ninety-three  dollars. 

Appkoved  May  21,  1861. 


No.  179.]  AN  ACT 

To  make  Temporary  Disposition  of  certain  Railroad  Iron. 

WiaEREAS,  In  furtherance  of  a  contract  between  Thomas  C. 
Bates,  an  alien  enemy  residing  in  the  State  of  New  ^fork,  and 
the  Memphis,  El  Paso  and  Pacific  Railroad.  Com^^any,  a  large 
quantity  of  railroad  iron  is  on  deposit  at  New  Orleans-  and  on 
the  Mississippi  and  Red  rivers,  intended  by  said  contract  for 
said  road,  and  said  alien  being  now  incapable  of  carrying  on  his 
contract, 

Hie  Congress  of  the  Confederate  States  do  enact,  That  said 
Memphis,  El  Paso  and  Pacific  Railroad  Company  be  and  is 
hereby  authorized  to  take  possession  of  said  iron,  upon  j)ayment 
of  duty  and  lawful  charges,  if  any,  and  lay  the  same  on  theii* 
road,  u]>on  giving  bond  to  the  Secretary  of  the  Treasury  to 
respond  for  the  payment  of  said  iron,  as  Congress  may  hereafter 


ii^ 


93 

^I'Gct,  the  ultimate  rights  of  all  persons  being  hereby  reserved' 
Until  such  legislation. 

Approved  May  21,  18G1. 


Kg.  1;80.]  an  act 

To  provide  for  the  cession,  on  the  part  of  the  State  of  Arkansas 
of  tlie  Arsenal  at  Little  Rock,  and  of  Fort  Smith  at  the  city 
of  Fort  Smith,  in  the  State  of  Arkansas,  to  the  Confederate 
States  of  America,  and  the  acceptance  of  the  same  by  the  said 
Confederate  States. 

WijEREAs,  By  ordinance  of  the  Convention  of  the  State  of 
Arkansas,  passed  the  11th  day  of  May,  1861,  herewith  submit- 
ted, authority  was  conferred  upon  the  delegation  of  the  State  of 
Arkansas  to  cede  to  the  Confederate  States  the  arsenal  at  Little 
Rock,  and  Fort  Smith  at  the  city  of  Fort  Smith,  in  the  State  of 
Arkansas,  and  the  grounds,  buildings  and  appurtenances  attach- 
ed to  each,  in  accordance  with  the  terms  of  said  ordinance, 
Therefore 

The .  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  cession  as  hereinbefore  recited  is  hereby  accepted,  and 
it  is  now  made  the  duty  of  the  Secretary  of  War  to  accept  a 
deed  of  cession  of  the  said  arsenal  and  other  property  to  be 
executed  by  the  said  delegation,  and  to  take  charge  of  and  liold 
tlie  same  in  the  name  of  the  government  of  the  Confederate 
States  of  America. 

Approved  May  21,  18G1. 


No.  181.]  AN  ACT 

Relative  to  Prisoners  of  War. 

Section  1.  The  Co7igress  of  the  Confederate  States  of 
America  do  enact,  That  all  prisoners  of  war  taken,  whether  on 
land  or  at  sea,  during  the  pending  hostilities  Avith  the  United 
States,  shall  be  transferred  by  the  captors,  from  time  to  time  and 
as  often  as  convenient,  to  the  Department  of  War ;  and  it  shall 
be  the  duty  of  the  Secretary  of  War,  with  the  approval  of  the 
President,  to  issue  such  instructions  to  the  Quartermaster  Gen^ 


94 

«ral  and  his  subordinates  as  shall  provide  for  the  safe  custody 
and  sustenance  of  prisoners  of  war^  and  the  rations  furnished 
prisoners  of  war  shall  be  the  same  ia  quantity  and  quality  as 
those  furnished  to  enlisted  naen  in  the  army  of  the  Confederacy. 

Sec.  2.  That  the  eighth  section  of  the  act  entitled  "An  act 
recognizing  the  existence  of  war  between  the  United  States  and 
the  Confederate  States,  and  concerning  Letters  of  Marque, 
Prizes  and  Prize  Goods,"  shall  not  be  so  construed  as  to  author- 
ize the  holding  as  prisoners  of  war  the  officers  or  crew  of  any 
unarmed  vessel,  nor  any  passenger  on  such  vessels,  unless  such 
passengers  be  persons  employed  in  the  public  service  of  the 
enemy. 

Sec.  3.  That  the  tenth  section  of  the  above  recited  act  shall 
■not  be  so  construed  as  to  allow  a  bounty  for  prisoners  captured 
on  vessels  of  the  enemy  and  brought  into  port,  unless  such  pris- 
oners were  captured  on  board  of  an  armed  ship  or  vessel  of  the 
enemy  of  equal  or  superior  force  to  that  of  the  private  armed 
vessel  making  the  capture. 

Approved  May  21, 1861. 


No.  182.]  AN  ACT 

For  the  publication  of  the  Laws. 

Section  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact^  That  five  hundred  copies  of  the  acts  of  this 
session  of  Congress  be  published  in  pamphlet  form,  to  be  dis- 
tributed as  follows :  one  copy  to  the  executive  of  each  of  the 
Confederate  States ;  one  to  each  judge  of  the  district  courts  of 
the  Confederate  States ;  one  to  the  executive  of  the  Confedera- 
cy ;  one  to  the  head  of  each  depai'tment  and  of  each  bureau ; 
one  to  each  member  of  Congress,  and  one  to  each  clerk  of  the 
district  courts,  and  the  remainder  to  be  kept  in  the  office  of  the 
Department  of  Justice,  for  the  further  order  of  Congress. 

Appeoved  May  21,  1861. 


95 

No.  183.]  A  RESOLUTIOX 

In  reference  to  printing  the  Tariff  Act,  and  other  docnracnts 
connected  therewith, 

JResolved,  That  five  Innidred  copies  of  the  tariff  act  be  print- 
ed for  the  nse  of  Congress,  and  also  five  hundred  copies  of  a 
comparative  statement  of  the  rates  of  duty  under  the  United 
States  tariff  of  1857,  the  Confederate  States  tariff  just  establish- 
ed, and  the  United  States  tariff' now  of  force,  be  printed  under 
the  authority  of  the  Secretary  of  the  Treasury. 

Approved  May  21,  1861. 


No.  184.]  AN  ACT 

Making  Appropriations  for  the  support  of  the  Navy,  for  the 
year  ending  eighteenth  of  February,  eighteen  hundred  and 
sixty-two. 

Section  1 .  The  Coyigress  of  the  Confederate  States  do  enact, 
That  the  following  sums  be  and  the  same  are  hereby  appropri- 
ated, for  the  objects  hereinafter  expressed,  for  the  year  endmg 
the  eighteenth  of  February,  eighteen  hundred  and  sixty-two : 

Ifavy — For  purchase  of  nautical  instruments,  books  and 
charts  for  Confederate  States  Navy,  five  thousand  five  hundred 
dollars.  For  equipment  and  rei)air  of  vessels  of  Confederate 
States  Navy,  one  hundred  thousand  dollars.  For  laboratory  for 
safe-keeping  ordnance  stores,  and  labor  in  preparing  them,  thir- 
ty-seven thousand  dollars.  For  ordnance  and  ordnance  stores, 
eighty  thousand  dollars.  For  "contingent  enumerated,"  for 
the  following  purposes,  viz:  Freight  and  transportation;  print, 
ing  and  stationery;  advertising;  models  and  drawings;  repair  of 
fire  engines  and  hose  repairs,  and  attending  to  steam  engines  in 
yards;  purchase  and  maintenance  of  horses  and  oxen  and  draw- 
ing teams ;  carts,  lumber,  wheels,  and  the  purchase  and  repair 
of  workman's  tools ;  postage  on  public  letters ;  fuel,  oil  and 
candles  for  navy  yards  and  shore  stations ;  pay  of  watchmen, 
and  incidental  labor  not  chargeable  to  other  appropriations ; 
■wharfage,  dockage  and  rent ;  travelling  expenses  of  ofticers  and 
others,  under  orders;  funeral  expenses;  store  and  office  rent; 
commissions  and  pay  of  navy  agents  and  clerks;  flags,  awnings 
and  packing  boxes ;   books  for  libraries  of  vessels ;   premiums 


96 

and  other  expenses  of  rccruitiug;  apprehending  deserters;  per 
diem  pay  of  persons  attending  courts  martial,  courts  of  inquiry, 
and  other  services  authorized  by  law;  pay  of  judge  advocate; 
pilotage  and  tonnage  of  vessels,  and  assistance  to  vessels  in  dis- 
tress; and  for  bills  of  health  and  quarantine  expenses;  fifty 
thousand  dollars.  For  medical  supplies  and  surgeons'  neces- 
saries for  sick  of  navy,  engineer  and  marine  corps,  six  thousand 
dollars. 

ArrEOvED  May  21,  1861. 


No.  185.]  AN  ACT 

Supplemental  to  an  Act  to  establish  the  Judicial  Courts  of  the 
Confederate  States  of  America. 

SECTio:tf  1.  The  Congress  of  the  Confederate  States  of 
America  do  enact^  That  in  all  suits  and  actions  in  any  district 
court  of  the  Confederate  States,  in  which  tlie  judge  of  swoh. 
court  may  be  interested,  or  may  have  been  of  counsel  of  either 
party,  or  is  connected  with  or  related  to  either  party,  so  as  to 
render  it  improper  for  him  to  sit  on  the  trial  of  such  suit  or 
action,  it  shall  be  his  duty  to  cause  the  fact  to  be  entered  on  the 
records  of  the  court;  also  an  order  that  an  authenticated  copy 
thereof,  and  a  copy  of  all  the  proceedings,  orders,  pleadings 
and  papers  in  such  suit  or  action,  shall  be  forthwith  certified  to 
the  most  convenient  district  court  free  from  like  objection; 
which  said  district  court,  upon  such  record  being  filed  with  the 
clerk  thereof,  shall  take  cognizance  thereof,  in  the  like  manner 
as  if  such  suit  or  action  had  been  originally  commenced  in  said 
court,  and  shall  proceed  to  hear  and  determine  the  same  accord- 
ingly. And  the  jurisdiction  of  such  district  court  shall  extend 
to  all  such  cases  so  removed  as  were  cognizable  in  the  district 
court  from  which  the  same  were  removed. 

Sec.  2.  When  any  appeal  or  writ  of  error  was  pending  in 
any  of  the  late  circuit  courts  of  the  United  States,  from  any  of 
the  late  district  courts  of  the  United  States,  and  the  judge  of 
the  present  district  court  to  which  such  appeal  or  writ  of  error 
is  transferred  is  the  same  person  who  rendered  the  decree  of 
judgment  from  which  such  appeal  or  writ  of  error  was  taken, 
then  such  appeal  or  writ  of  error  shall  be  transferred  to  the 


97 

Suprome  Court  of  the  Confederate  States,  upon  the  party  giv- 
ing bond  and  surety,  as  required  by  law  in  case  of  an  appeal  or 
writ  of  error  sued  out  to  said  Supreme  Court.  And  an  authen- 
tic copy  of  the  record,  under  the  seal  of  the  district  court,  shall 
be  sent  along  Avitli  such  bond  to  the  said  Supreme  Court,  wliich 
court  shall  thereupon  proceed  to  hear  and  determine  the  same, 
as  in  other  cases. 

Sec.  3.  When  in  any  case  heretofore  decided  in  any  of  the 
late  district  or  circuit  courts  of  the  United  States,  either  party 
had  the  right  to  appeal  or  to  prosecute  a  writ  of  error,  so  as  to 
suspend  execution,  but  have  been  prevented  from  so  doing 
within  the  time  fixed  by  law,  l^y  the  closing  of  the  courts  on 
the  secession  of  the  several  states,  in  all  such  cases  a  further 
period  of  six  months  from  the  time  of  holding  the  lirst  term  of 
the  district  court  of  the  Confederate  States  in  such  district  shall 
be  allowed  sut-h  party,  within  which  to  take  an  appeal  or  sue 
out  a  Avrit  of  error ;  and  such  appeal  or  writ  of  error  shall  have 
the  same  eftect  as  if  sued  out  or  taken  within  the  time  prescribed 
by  the  former  laws. 

Sec.  4.  The  official  bonds  of  all  clerks  and  nuirshals  of  the 
courts  of  the  Confederate  States  shall  be  deposited  in  the 
Department  of  Justice.  In  case  of  any  suit  thereon,  in  favor 
or  for  the  use  either  of  the  government  or  of  an  individual  or 
a  corporation,  such  suit  may  be  maintained  on  a  copy  of  such 
bond,  authenticated  by  said  dejiartment  under  its  seal,  in  the 
saure  manner  as  upon  the  original.  15ut  if  the  execution  of  such 
bond  shall  be  desired  by  any  party  thereto,  by  a  i)lea  oi'  fiou  est 
fdctdut,  su])i)orted  by  affidavit,  then  it  shall  be  necessary  to 
jirodiice  the  t)riginal  before  the  trial  of  such  suit;  and  in  such 
case,  the  said  department  shall  transmit  the  original  bond,  re- 
taining a  copy  thereof,  to  the  court  in  which  such  suit  is  pend- 
ing; but  the  same  shall  be  returned  to  the  said  department, 
when  the  suit  is  ended. 

Sec.  5.  Where,  in  any  case,  there  is  no  building  provided 
for  holding  a  court  of  the  Confederate  States,  it  shall  be  the 
duty  of  the  Department  of  Justice  to  provide  suitable  accom- 
modations for  holding  it,  and  to  furnish  the  necessary  books  for 
records  and  dockets  for  the  proper  conducting  of  the  business 
of  the  court,  s»d>ject  in  all  instances  to  the  approv.al  of  the  Pres. 
ident. 

Si:( .  0.     The  forty-eighth  section  of  the  act  to  which  this  is  a 


98 

supplement  shall  be  and  the  same  is  hereby  amended,  so  as  to 
permit  either  party  to  file  the  transcripting  tlie  record  and  copy 
of  the  bonds,  as  therein  required,  in  the  Supreme  Court  of  the 
Confederate  States,  without  dismissing  the  appeal  or  writ  of 
error  in  the  Supreme  Court  of  the  United  States,  where  the  said 
court  refuses  to  dismiss  the  same  upon  motion ;  and  that  the 
said  section  be  also  amended  so  as  to  allow  the  j^eriod  of  tAvelvc 
months  from  the  time  of  the  organization  of  the  Supreme  Court 
of  the  Confederate  States  for  filing  such  transcript  and  bond, 
instead  of  the  time  in  said  section  prescribed. 
Appeovkd  May  21,  1861. 


No.  18G.]  AN  ACT 

Relative  to  the  Library  of  Congress. 

Tiie  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  books  purchased  by  the  committee  appointed  to  revise 
the  laws  of  the  United  States  be  delivered  to  the  Secretary  of 
Congress,  and  be  retained  by  him  for  the  use  and  benefit  of  the 
members  of  Congress  ;  and  the  secretary  sell  the  furniture  and 
other  efiects  belonging  to  the  government,  which  shall  be  turned 
over  to^he  committee  on  revision. 

Approved  May  21,  1861. 


Xo.  187.]  A  RESOLUTION 

Regulating  the  Payment  of  Unadjusted  Accounts. 

Jlesolmd  hy  the  Congress  of  the  Confederate  States  of 
America^  That  any  account  against  the  Congress  left  unadjust- 
ed at  this  session  by  the  committee  on  accounts,  shall  be  paid 
out  of  the  contingent  fimd,  if  found  to  be  just,  by  the  first  Audi- 
tor of  the  Treasury  and  the  Secretary  of  Congress,  and  on  their 
joint  certificates  ;  and,  and  the  secretary  be  required  to  submit 
a  detailed  statement  thereof  to  the  Congress,  at  its  next  session. 

Approved  May  21,  1861. 


99 

No.  183.]     .  AN  ACT 

For  the  Relief  of  District  Attorneys  of  the  Confederate  States 

in  the  liekl. 

Skction  1.  The  Conf/ress  of  the  (\>nfecUrate  iStatcs  of 
America  do  enact^  That  whenever  a  district  attorney  of  the 
Confederate  States  may  enter  the  military  service  of  the  Con- 
federate States,  lie  may,  by  the  consent  of  the  district  judge, 
entered  of  record,  ap})oint  an  attorney  pro  tempore  during  his 
absence. 

At'provkd  Mav  21,  1861. 


No.  190.]  AN  ACT 

Assigning  the  Judge,   District  Attorney   and  Marshal  for  the 
District  of  Texas,  to  the  Eastern  District  of  said  State. 

Sectio>j  1.  IVie  Coiif/rt^s  of  tin  Confederate  States  of 
America  do  c/iact.  That  the  district  judge,  heretofore  denomi- 
nated the  District  Judge  for  the  District  of  Texas,  be  hereaiter 
denominated  the  District  Judge  for  the  Eastern  ])istrict  of 
Texas  ;  and  that  the  district  attorney  lieretofore  denominated 
the  District  Attorney  for  the  District  of  Texas,  be  hereafter 
denominated  the  District  Attorney  for  the  Eastern  District  of 
Texas  ;  and  the  marshal  heretofore  denominated  the  Marshal  for 
the  District  of  Texas,  be  hereaft<'r  denominated  the  IMarshal  for 
the  Eastern  District  of  Texas. 

AiTitovKi)  M.\\  21,  1^61. 


No.  1 91.]  AN  ACT 

Making  Appropriation  to  defray  the  Expenses  of  Removing  the 
Seat  of  Government  to  Richmond,  Virginia. 

Skction  1.  The  Couf/ress  of  the  Confederate  States  of 
America  do  enact ^  That  the  following  appropriation  is  made, 
out  of  any  money  iii  the  treasury  not  otherwise  appropriated,  for 
the  object  hereafter  expressed,  ibr  the  year  ending  eighteenth 
of  February,  eighteen  hundred  and  sixty-two :  For  rent  of 
executive  buildings  and  President's  house,  furniture,  expenses 


100 

of  packing  books  and  records,    railroad   freight  ou  fui-niture, 
books  and  records  of  the  government,   from   Montgomery  to 
Kichmond,    drayage   and  incidental    and  contingent   expenses 
attending  the  removal,  forty  thousand  dollars. 
Approvkd  Mav  21,  1SG1. 


No.  192.1  A  KESOLUTIOX 

To  confer  certain  ]*o\vers  on  the  Secretary  of  the  Treasury. 

llesolvt'd  by  tht  Conynss  of  the  (Joiifederdtc  States  of 
Aniericd,  That  the  Secretary  of  the  Treasury  take  measures  for 
selling  the  unexpired  lease  of  the  President's  house  and  of  the 
buildings  used  for  the  departments,  or  for  being  relieved  from 
any  portion  of  the  rent,  as  soon  as  the  seat  of  govermnent  shall 
have  been  removed  ;  and  lliat  he  cause  all  furniture  no  longer 
wanted  to  be  sold. 

AepiiovED  May  21,  18GI. 


^'     5 


